Bailey v. Hall
Supreme Judicial Court of Maine
ExceptioNS from the Court of Common Pleas, Perham J. presiding. Trespass on the case against Hall, as late Sheriff of the county, for the default of Spencer Arnold, one of his deputies. With the general issue the defendant filed a brief statement, setting forth that the cause of action did not accrue to the plaintiff at any time within four years next before the commencement of the suit.
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ExceptioNS from the Court of Common Pleas, Perham J. presiding. Trespass on the case against Hall, as late Sheriff of the county, for the default of Spencer Arnold, one of his deputies. With the general issue the defendant filed a brief statement, setting forth that the cause of action did not accrue to the plaintiff at any time within four years next before the commencement of the suit. This suit was commenced Jan. 23, 1837, and contained two counts; one tro-ver, for the conversion of a quantity of crockery ware, the property of the plaintiff; and the other alleging, that in May, 1832,…
1Opinion of the Court
The opinion of the Court was drawn up by
Weston C. J.
Where goods are attached on mesne process, the duty of the officer to the defendant is, to redeliver them to him, if the plaintiff does not prevail in his action, or if the attachment is dissolved, by payment made to the creditor, or otherwise. While the lien, created by the attachment continues, the officer is not, in our opinion, liable to the suit of the debtor, although he does not keep the property safely. He is liable to the creditor, whose claim is paramount to that of the debtor, until the attachment is dissolved.
It does not appear…
2Cited by6 opinions
- Lyman v. HolmesSupreme Court of Vermont · 1915
- Oaks v. American Surety Co. of N.Y.Idaho Supreme Court · 1938
- Kukowski v. Emerson-Brantingham Implement Co.North Dakota Supreme Court · 1919
- Savidge v. PadghamMichigan Supreme Court · 1895
- People ex rel. Schayer v. KendallColorado Court of Appeals · 1899
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