Chapman v. Bellows
Superior Court of New Hampshire
This was an action of the case [against the sheriff of Cheshire County], for the default of Isaac Temple, one of defendant’s deputies, in not safely keeping goods of W. Mills, attached on mesne process, so as to be enabled to levy plaintiff’s execution, which issued in the same suit. The first count stated, that the defendant’s deputy did not retain the goods till thirty days after judgment, but, before that time, released and discharged them from the attachment.
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This was an action of the case [against the sheriff of Cheshire County], for the default of Isaac Temple, one of defendant’s deputies, in not safely keeping goods of W. Mills, attached on mesne process, so as to be enabled to levy plaintiff’s execution, which issued in the same suit. The first count stated, that the defendant’s deputy did not retain the goods till thirty days after judgment, but, before that time, released and discharged them from the attachment. The second count was for neglect to execute and return the execution. Plea: the general issue, with liberty to give special matter…
1Opinion of the Court
The Court
intimated an opinion that the sheriff was answerable to the third attaching creditor for the whole amount of goods attached at his suit; that neither the debtor nor the sheriff could appropriate the goods to satisfy the prior attachments, so as to affect the right of the third attaching creditor ; that, when the former attachments were lost, the latter remained good.1
*129The cause was, by consent, submitted to arbitration, the deputy sheriff alleging that he released the goods pursuant to orders received from the plaintiffs.
The arbitrators awarded for defendant, and judgment was rendered…
2Cases cited10 opinions
- Parker v. DanforthMassachusetts Supreme Judicial Court · 1820
- Brandon Iron Co. v. GleasonSupreme Court of Vermont · 1852
- Rich v. BellMassachusetts Supreme Judicial Court · 1820
- Ormsbee v. DavisSupreme Court of Connecticut · 1844
- Munger v. FletcherSupreme Court of Vermont · 1830
5 more not listed; retrieve them via the Exa API.