Stewart v. Leonard
Supreme Judicial Court of Maine
On exceptions by plaintiffs. Action against the defendant, a deputy sheriff, for failure to serve an execution running against the body by arrest of the judgment debtor.
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On exceptions by plaintiffs. Action against the defendant, a deputy sheriff, for failure to serve an execution running against the body by arrest of the judgment debtor. The action was brought in the Supreme Judicial Court, Somerset County, and by agreement of the parties and by rule of court duly issued, was referred "to the determination of Judge Lucilius A. Emery to be heard on legal principles; the report of whom to be made as soon as may be; judgment thereon to be final. And if either party neglect to appear before the Referee, after due notice given, then the said Referee to proceed…
1Opinion of the CourtKing, J.
Action against a deputy sheriff for failure to serve'an execution by arrest of the debtor.
The referee, to whom the cause was referred by agreement and by rule of court, made the following report:
"(Referee’s Report.)
"Pursuant to the foregoing rule I gave the parties due notice of the time and place fixed for hearing the said cause, at which time and place the parties and their counsel appeared before me and I *130fully heard their evidence and arguments and have maturely considered the same and now make the following report and award.
"I find facts as follows: — Sept. 1, 1900, the plaintiffs,…
2Cases cited1 opinion
- Carlisle v. Estate of SouleSupreme Court of Vermont · 1872
3Cited by4 opinions
- Interstate Industrial Uniform Rental Service, Inc. v. Couri Pontiac, Inc.Supreme Judicial Court of Maine · 1976
- Hooper v. MuellerMichigan Supreme Court · 1909
- Scott v. RossWisconsin Supreme Court · 1923
- Hurlbut v. Butte-Kansas Co.Supreme Court of Kansas · 1926