Jenney v. Delesdernier
Supreme Judicial Court of Maine
This was an action, against the defendant, sheriff of the county of Washington, for the default, of Thomas Skolfield, a deputy sheriff under him, in not safely keeping property attached and in releasing the same.
Read the full summary
This was an action, against the defendant, sheriff of the county of Washington, for the default, of Thomas Skolfield, a deputy sheriff under him, in not safely keeping property attached and in releasing the same. From the report of Shepley J. before, whom the cause was tried, it appeared in evidence that the plaintiff, on the 14th of Jan. 1836, sued out a writ of attachment against George I. Galvin, and delivered the same to said Skolfield for service, who, on the 15th of February following, returned thereon aii attachment of a quantity of pork and flour of the value of $4000 ; that the…
1Opinion of the Court
The opinion of the Court was by
Sheplev J.
The deputy of the defendant having been released by him was a competent witness. Turner v. Austin, *18816 Mass. R. 185; Jewett v. Adams, 8 Greenl. 30. The arrangements made between the sureties of the deputy and the defendant would not effect the rights of the deputy. If the sureties in consequence of that arrangement, should pay to the defendant the amount, which he may be obliged to pay, if the plaintiffs should recover ; they would have no legal claim upon the witness; for they must fail to prove, that it was paid on account of any liability incurred by…
2Cases cited16 opinions
- Osborn v. Bank of United StatesSupreme Court of the United States · 1824
- Holker v. ParkerSupreme Court of the United States · 1813
- Union Bank of Georgetown v. GearySupreme Court of the United States · 1831
- Jackson ex dem. M'Crea v. BartlettNew York Supreme Court · 1811
- Gorham v. GaleNew York Supreme Court · 1827
11 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Tobler v. NevittSupreme Court of Colorado · 1909
- Citizens' National Bank v. LoomisSupreme Court of Iowa · 1896
- Willard v. GoodrichSupreme Court of Vermont · 1859
- Anglo-American Mill Co. v. PhillipsCourt of Appeals of Kentucky (pre-1976) · 1930
- Schoregge v. GordonSupreme Court of Minnesota · 1882
7 more not listed; retrieve them via the Exa API.