44 A. 113 | N.H. | 1899
The plaintiff's testimony in relation to his arrest was competent. Apparently, the defendants had no justifiable excuse for following the plaintiff into Maine, where he happened to go for the day, and causing his arrest there just as he was about to start for home. This state afforded them ample provisions for collecting their claim, among which was one for causing his arrest if he concealed his property to avoid its attachment. *586 P. S., c. 221, s. 8. The evidence tended to show that the defendants were unwilling to submit their claim to the usual course of litigation, but felt the need of resorting to means of oppression to compel a settlement, — that they were conscious of some infirmity in their claim which was liable to defeat it in a fair trial relating to its merits.
The testimony given by Pierce concerning the arrest disclosed his bias and zeal in behalf of the defendants, and was competent upon the question of his credibility as a witness.
Presumably, no judgment has been rendered in the Portland suit; at all events, none is alleged in the pleadings in this action. Neither party was at liberty to introduce evidence of the result of a trial of the issues in the suit, preparatory for a judgment. King v. Chase,
Exception sustained.
PARSONS, J., did not sit: the others concurred. *587