Parker v. Downing
Massachusetts Supreme Judicial Court
This was an action upon the case, against the defendant, as one of the constables of Lynn in the county of Essex, for not serving and returning an execution ; and it was tried here, at the sittings after the last October term, before Jackson, J. It appeared at the trial, that the plaintiff, in June, 1813, took Out an éxecution on a judgment recovered by him against one Daniel Hitchins, of said Lynn, for $51.72 damage, and $15.50 costs.
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This was an action upon the case, against the defendant, as one of the constables of Lynn in the county of Essex, for not serving and returning an execution ; and it was tried here, at the sittings after the last October term, before Jackson, J. It appeared at the trial, that the plaintiff, in June, 1813, took Out an éxecution on a judgment recovered by him against one Daniel Hitchins, of said Lynn, for $51.72 damage, and $15.50 costs. The execution was returnable on the second Monday of September, then next, which was the 13th day of that month ; and was, by the plaintiff’s direction,…
1Opinion of the Court
By the Court.
The question here is, whether the money, due from the officer sued, had been paid over by him, before this action was commenced. He had paid it to Mr. Adams, who had been the plaintiff’s attorney in the suit for the money ; but whose power had ceased, when he received his bill of costs from the plaintiff, who took the execution into his own hands.
The defendant must be charged with knowledge, that Mr. Adams had ceased to be the plaintiff’s attorney ; for the execution was delivered to him by another agent of the plaintiff, and a personal demand was made upon him for the money,…
2Cited by1 opinion
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