Legal Opinion

Lovejoy v. Murray

Supreme Court of the United States

Decided February 18, 1866PublishedCited by 248 opinions

Lovejoy brought suit in one of the courts of Iowa against O. H. Pratt, and the sheriff attached certain personal property, which was assumed to be the properly of Pratt. A certain Murray, however, claimed it as his.

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Lovejoy brought suit in one of the courts of Iowa against O. H. Pratt, and the sheriff attached certain personal property, which was assumed to be the properly of Pratt. A certain Murray, however, claimed it as his. The sheriff, now in possession, was unwilling to proceed further in the attachment, or to sell the property under it, unless indemnified by Lovejoy & Co. These parties accordingly executed a bond, in which, reciting that the sheriff had attached and taken possession of the property, they bound themselves to pay all damages, &e. The sheriff then proceeded to sell the property undér…

1Opinion of the CourtJustice Miller

The record before us raises three questions, all of which depend upon the principles of the common law exclusively for their solution.

We will consider themin the order in which they naturally arose on the trial, and in which also they have been argued.

1. Did the defendants, in giving a bond of indemnity to the sheriff, thereby become liable as joint trespassers with him in the proceedings under the attachment ?

The question arises upon the hypothesis that a writ of attachment was issued in favor of the present defendants against one O. H. Pratt, which was wrongfully levied by the sheriff on…

2Cases cited2 opinions

  1. Floyd v. BrowneSupreme Court of Pennsylvania · 1829
  2. Elliot v. PorterCourt of Appeals of Kentucky · 1837

3Cited by248 opinions

  1. Bigelow v. Old Dominion Copper Mining & Smelting Co.Supreme Court of the United States · 1912
  2. Independent Wireless Telegraph Co. v. Radio Corp. of AmericaSupreme Court of the United States · 1926
  3. United States v. CandelariaSupreme Court of the United States · 1926
  4. The "Atlas."Supreme Court of the United States · 1876
  5. Bradshaw v. Baylor UniversityTexas Supreme Court · 1935

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