Trafton v. Gardiner
Supreme Judicial Court of Maine
ON EXCEPTIONS from Nisi Prius, BiCE, J., presiding. This action was trespass for false imprisonment. With the general issue the defendant filed a brief statement, justifying the acts complained of as done in discharge of his official duties, as deputy sheriff. The defendant had a writ in trespass against the plaintiff & al. in his hands for service, having upon it directions to attach real estate. On this writ he made the following return: — (i Kennebec ss.
Read the full summary
ON EXCEPTIONS from Nisi Prius, BiCE, J., presiding. This action was trespass for false imprisonment. With the general issue the defendant filed a brief statement, justifying the acts complained of as done in discharge of his official duties, as deputy sheriff. The defendant had a writ in trespass against the plaintiff & al. in his hands for service, having upon it directions to attach real estate. On this writ he made the following return: — (i Kennebec ss. June 5, at 6 o’clock, P. M., 1852. I have attacked all the right, title and interest that the defendants have in and unto all real estate…
1Opinion of the CourtShepley, C. J.
— The right of a creditor to attach the property or to arrest the body of his debtor, rests upon the provisions of our statutes.
It does not appear to have been the intention to permit a creditor to take the property of a debtor from his possession, or to create a lien upon it, and at the same time to arrest his body. Hence the frame of the writ is such, that an attachment and an arrest are not commanded or authorized at the same time. This was the condition of the law, while this State composed a part of the Commonwealth of Massachusetts. Almy v. Walcott, 13 Mass. 73.
In this case the…
2Cases cited1 opinion
- Almy v. WolcottMassachusetts Supreme Judicial Court · 1816