Brown v. Atwell
Supreme Judicial Court of Maine
Exceptions from the District Court, Rice, J. Assumpsit on a receipt for a vessel’s wheel, which the plaintiff, as an officer, had attached on a justice’s writ, sued upon an account annexed, wherein judgment had been recovered in the county of Lincoln, against the original defendant. The defences necessary to be here mentioned were the following : — First. There was no legal service of the writ in the original suit, in which the wheel was attached.
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Exceptions from the District Court, Rice, J. Assumpsit on a receipt for a vessel’s wheel, which the plaintiff, as an officer, had attached on a justice’s writ, sued upon an account annexed, wherein judgment had been recovered in the county of Lincoln, against the original defendant. The defences necessary to be here mentioned were the following : — First. There was no legal service of the writ in the original suit, in which the wheel was attached. This the officer, who served the writ, has in writing admitted. Second. The justice, who rendered the judgment in that suit had not jurisdiction,…
1Opinion of the Court
Tenney, J., orally.
The admission of the officer, who made the' service, cannot affect the judgment in the manner contended for by the defendants. This case is clearly distinguishable from those relied on in the argument. So far as *353the record shows, the justice had jurisdiction and the judgment was properly rendered. The defendants are bound by the judgment, until it be reversed. The defendants had no rights in the wheel, except what they derived from the officer. They are his bailees, and are not permitted to invoke the illegalities of the judgment. Whether the judgment were rightful or…
2Cited by1 opinion
- Holcomb v. C. N. Nelson Lumber Co.Supreme Court of Minnesota · 1888