Legal Opinion

Hamlin v. Jerrard

Supreme Judicial Court of Maine

Decided February 4, 1881PublishedCited by 5 opinions

On report. Trespass against the defendant, as sheriff of Penobscot county for entering plaintiffs’ premises at Oldtown, September 1, 1877, and taking and carrying away one narrow gauge locomotive engine, of value of three thousand dollars ; four and a half set of wheels and truck frames, of value of four thousand dollars ; one hundred and twenty pairs of wheels with axles, of value of five thousand dollars; and one hundred iron truck frame sides, of value of one thousand…

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On report. Trespass against the defendant, as sheriff of Penobscot county for entering plaintiffs’ premises at Oldtown, September 1, 1877, and taking and carrying away one narrow gauge locomotive engine, of value of three thousand dollars ; four and a half set of wheels and truck frames, of value of four thousand dollars ; one hundred and twenty pairs of wheels with axles, of value of five thousand dollars; and one hundred iron truck frame sides, of value of one thousand five hundred dollars, and twenty-six platform cars, of value of seven thousand two hundred dollars. Writ is dated September…

1Opinion of the CourtSybioNds, J.

Iii this action of trespass against the sheriff of Penobscot county, damages are demanded for the acts of his deputy in taking upon writs, and selling upon executions, against the Consolidated European and North American Railway Com;pany, certain pieces of narrow-gauge rolling-stock, to which the plaintiffs claim title superior to that of the judgment debtors.

• The twenty-six platform cars, mentioned in the declaration, were replevied by the plaintiffs from the possession of the officer. ' The locomotive engine was never removed or sold by him, but was either replevied or abandoned. As to…

2Cases cited13 opinions

  1. Galveston Railroad v. CowdreySupreme Court of the United States · 1871
  2. United States v. New Orleans RailroadSupreme Court of the United States · 1871
  3. Mitchell v. WinslowU.S. Circuit Court for the District of Maine · 1843
  4. Pennock v. CoeSupreme Court of the United States · 1860
  5. Central Railroad & Banking Co. v. GeorgiaSupreme Court of the United States · 1876

8 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Guaranty Trust Co. of New York v. Minneapolis & St. LR Co.Court of Appeals for the Eighth Circuit · 1929
  2. Marsh v. WadeWashington Supreme Court · 1889
  3. In re ShawDistrict Court, D. Maine · 1906
  4. National Bank v. Wilmington, New Castle & Southern Railway Co.Court of Chancery of Delaware · 1911
  5. In re New York, S. & W. R. Co.District Court, D. New Jersey · 1939

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