Dane v. Gilmore
Supreme Judicial Court of Maine
On facts agreed. Action of debt on bond of Gilmore, sheriff of Penobscot county, in the name of the State Treasurer, for the benefit of Nathaniel E. Tenney & als., who are alleged to have been injured by his, the said Gilmore’s, misfeazance in his said office. On the 7th July, 1859, said Tenney & als. sued out a writ against one Joshua Dennis, on which the said Gilmore was directed to attach the stock of goods of said Dennis to the amount of fourteen hundred dollars.
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On facts agreed. Action of debt on bond of Gilmore, sheriff of Penobscot county, in the name of the State Treasurer, for the benefit of Nathaniel E. Tenney & als., who are alleged to have been injured by his, the said Gilmore’s, misfeazance in his said office. On the 7th July, 1859, said Tenney & als. sued out a writ against one Joshua Dennis, on which the said Gilmore was directed to attach the stock of goods of said Dennis to the amount of fourteen hundred dollars. Said Gilmore, on the 8th day of July aforesaid, did make the attachment of said Dennis’ goods, as directed, and made his.…
1Opinion of the Court
The opinion of the Court was drawn up by
Appleton, C. J.
Nathaniel F. Tenney and others, having recovered judgment against the sheriff for official neglect, bring this suit against him and his sureties on his official bond. The signatures to the bond being admitted, and the judgment being produced, if the case rested here, the plaintiff’s right to recover could neither be doubted nor denied. Cony v. Barrows, 46 Maine, 497. But the parties, having agreed to certain other facts, have submitted their rights to our determination upon those facts, waiving, by their agreement, the questions of their…
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