Miller v. Moses
Supreme Judicial Court of Maine
On Report. Debt on a replevin bond, dated Dec. 16, 1862, given by the city of Bath, as principal, and the defendant and one Linscott, as sureties, in the penal sum of $7,914. Plea, nil débei and joinder, with a brief statement alleging substantially that the wood rejffevied in Miller v. Bath was not legally attached, and that what was attached was much less in quantity than that stated in the bond, and less than the estimated amount stated in the plaintiff’s returns upon the…
Read the full summary
On Report. Debt on a replevin bond, dated Dec. 16, 1862, given by the city of Bath, as principal, and the defendant and one Linscott, as sureties, in the penal sum of $7,914. Plea, nil débei and joinder, with a brief statement alleging substantially that the wood rejffevied in Miller v. Bath was not legally attached, and that what was attached was much less in quantity than that stated in the bond, and less than the estimated amount stated in the plaintiff’s returns upon the several writs of attachment. On a writ in favor of Azor Dyer v. The Androscoggin Railroad (Jo., the plaintiff, as…
1Opinion of the CourtAppleton, C. J.
— The plaintiff, a deputy Sheriff, having, on 9th September, 1862, a writ in his hands in favor of Azor Dyer v. The Androscoggin Rail Road Company, attached at different places quantities of wood as the property of said Railroad Corporation, describing the lots as containing about so many cords, or estimated to contain so many cords, describing the places where these estimated quantities were situated, and made return of-his doings thereon. He subsequently attached the same and other wood on other writs against the same corporation and other defendants, and made similar returns thereon.
The…
2Cases cited1 opinion
- Pierce v. StricklandU.S. Circuit Court for the District of Maine · 1842
3Cited by2 opinions
- Martin v. . GilbertNew York Court of Appeals · 1890
- Goodrow v. BuckleyMichigan Supreme Court · 1888