Shapard v. Hynes
Court of Appeals for the Eighth Circuit
In Error to the United States Court of Appeals in the Indian Territory. This is a suit for the wrongful seizure and conversion of certain chattels under a writ of attachment. William if.
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In Error to the United States Court of Appeals in the Indian Territory. This is a suit for the wrongful seizure and conversion of certain chattels under a writ of attachment. William if. Hynes, his wife, Philomana Hynes, and Clara Smith, as executrix of Samuel H. Smith, deceased, the defendants in error, were the plaintiffs in the lower court, while the plaintiffs in error, S. S. Shapard, C. G. Moore, and F. W. Phelps (the latter being the officer by whom the attachment writ was levied), were the defendants. The writ of attachment under which the chattels were seized was issued at the…
1Opinion of the CourtThayer, Circuit Judge
One of the issues that was raised on the trial below was whether the defendant C. G. Moore was a partner of S. S. Shapard at the time the latter directed the levy of the writ of attachment. The trial court disposed of this issue as a matter of law, instructing the jury, in substance, that Moore was a partner of Shapard at the date of the levy and sale, and that, being such, he was liable for the wrongful act of Shapard in directing the levy, if it was in fact wrongful, although he was not present, and neither directed the levy to be made, nor authorized the subsequent sale of the attached…
2Cases cited19 opinions
- Green v. Van BuskirkSupreme Court of the United States · 1869
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- Ames Iron Works v. WarrenIndiana Supreme Court · 1881
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