Bamford v. Melvin
Supreme Judicial Court of Maine
This was an action of the case against the defendant as a deputy sheriff of this county, for violation of-his duty in relation to the extent of an execution in favor of the plaintiff against one Love-joy — first, in falsely returning that he had caused the appraisers to be sworn, whereas they were not sworn; and secondly in not causing them to be sworn.
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This was an action of the case against the defendant as a deputy sheriff of this county, for violation of-his duty in relation to the extent of an execution in favor of the plaintiff against one Love-joy — first, in falsely returning that he had caused the appraisers to be sworn, whereas they were not sworn; and secondly in not causing them to be sworn. It was admitted, at the trial before Weston «71, that the plaintiff had caused the land to be attached on the original writ in her suit $ that within thirty. days after judgment, which was recovered in April 1822, the execution had been duly…
1Opinion of the Court
Mellen C. J.
delivered the opinion of the Court at the adjourned term in Cumberland, in August following.
By the agreement of the parties, if the levy is void, the nonsuit is to be set aside and a default entered. In the extent of the execution the defendant assumed to act both as a justice of the peace, and a deputy sheriff of the county of Kennebec. If by law he was then disqualified to perform those acts which he did perform in either of those capacities, then the levy is a nullity. The first act which he did on the occasion was that of choosing an appraiser. In this he acted as a deputy…
2Cases cited2 opinions
- Williams v. AmoryMassachusetts Supreme Judicial Court · 1817
- Barnard v. FisherMassachusetts Supreme Judicial Court · 1810
3Cited by3 opinions
- Smoot v. JuddSupreme Court of Missouri · 1904
- Bar Harbor Banking & Trust Co. v. AlexanderSupreme Judicial Court of Maine · 1980
- Barrows v. National Rubber Co.Supreme Court of Rhode Island · 1880