Tufts v. McClintock
Supreme Judicial Court of Maine
This case came before the Court upon the following exceptions to the ruling of Goodenow, District Judge. This is an action of trespass.
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This case came before the Court upon the following exceptions to the ruling of Goodenow, District Judge. This is an action of trespass. Writ is dated July 6th, 1847, and the general issue with a brief statement was pleaded and joined. , The action is brought against the defendant, who is the sheriff of the county of Waldo, for the act of one George W. Webster, his deputy, in attaching a lot of boots and brogans and shoes, as set forth in the writ, which may be referred to by either party. The fact that the defendant was sheriff of the county of Waldo, and Webster his deputy duly appointed and…
1Dissent
Dissenting opinion by
Wells J.
— Not being able to agree with the other members of the Court, in the conclusion, to which they have arrived, upon this case, I deem it proper to state the grounds of my dissent. This action is trespass for boots and shoes, which the plaintiffs had left with one Gerrish for sale. The boots w’ere in a case, and at the time of the attachment, the cover of the case had been removed, and two pairs of them had been sold. The shoes had been taken out and placed in a drawer, and on the shelf, with other shoes belonging to Gerrish. The plaintiffs had another box of boots,…
2Cases cited2 opinions
- Bond v. WardMassachusetts Supreme Judicial Court · 1810
- Lewis v. WhittemoreSuperior Court of New Hampshire · 1831