Marshall v. Hosmer
Massachusetts Supreme Judicial Court
This is the same action in which the plea in abatement was overruled, and a respondeos ouster awarded, (Vid. ante, vol. iii. page 23,) and was brought against the defendant, sheriff of the county of Middlesex, for the default of Zaccheus Shed, his deputy, in not attaching personal property of one Ephraim Kidder, upon a suit brought by the plaintiff against said Kidder to the Court of Common Pleas in the county of Suffolk.
Read the full summary
This is the same action in which the plea in abatement was overruled, and a respondeos ouster awarded, (Vid. ante, vol. iii. page 23,) and was brought against the defendant, sheriff of the county of Middlesex, for the default of Zaccheus Shed, his deputy, in not attaching personal property of one Ephraim Kidder, upon a suit brought by the plaintiff against said Kidder to the Court of Common Pleas in the county of Suffolk. At the trial of this action before Parker, J., at the last Novemoer term, it was proved that the plaintiff in person, on the 28th of June, 1804, delivered the writ against…
1Opinion of the Court
The opinion of the Court was afterwards delivered by
Parsons, C. J.
From the facts reported, it is manifest that the plaintiff has lost his debt through the conduct of the deputy sheriff; and the first point for the decision of the Court is whether, from the circumstances of the case, the deputy was in fault. [Here his honor recapitulated the facts, as before reported.]
It is urged for the deputy, that, in consequence of the special endorsement on the writ, he might attach either the body or estate. And we are inclined to allow this objection, if no verbal directions had been given him. When an…
2Cited by19 opinions
- Nelson v. CookIllinois Supreme Court · 1856
- Lewark v. CarterIndiana Supreme Court · 1889
- Easly v. DyeSupreme Court of Alabama · 1848
- Davis v. SmithMassachusetts Supreme Judicial Court · 1881
- Wetherby v. FosterSupreme Court of Vermont · 1832
14 more not listed; retrieve them via the Exa API.