Betts v. Norris
Supreme Judicial Court of Maine
The action was for an alleged neglect of duty by the defendant, as a deputy-sheriff of the county of Kennebec. On June 2,1829, the plaintiff commenced an action against Lane & Leadbetter, claiming damages to the amount of two thousand dollars, and delivered the writ to the defendant, a deputy-sheriff, without any written directions on the back thereof, but with verbal directions to attach all their real estate, or the real estate of either of them, in that county.
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The action was for an alleged neglect of duty by the defendant, as a deputy-sheriff of the county of Kennebec. On June 2,1829, the plaintiff commenced an action against Lane & Leadbetter, claiming damages to the amount of two thousand dollars, and delivered the writ to the defendant, a deputy-sheriff, without any written directions on the back thereof, but with verbal directions to attach all their real estate, or the real estate of either of them, in that county. The return of the attachment by the defendant, dated June 12, 1829, was, “ I have attached all the real estate of the within named…
1Opinion of the Court
After a continuance for advisement, the opinion of the Court was drawn up by
Weston C. J.
By the act establishing and regulating fees, statute of 1821, c. 105, the officer is allowed on a capias or attachment, an additional fee for attaching property, which is called a special service, only where he has the written directions of the plaintiff, his agent or attorney, so to do. For the service merely, where no special attachment is made, he is to have a less fee. The same distinction is preserved, in the additional act respecting sheriffs, statute of 1829, c. 445. And the practice has been…
2Cited by1 opinion
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