Legal Opinion

Thompson v. Gilmore

Supreme Judicial Court of Maine

Decided July 1, 1861PublishedCited by 1 opinion

Reported from Nisi Prius, Appleton, J., presiding. This was an action of case against the late sheriff of the county of Penobscot, for the alleged default of his in not keeping and delivering over, to be taken on execution, certain logs by him attached on a writ in favor of the plaintiff against Lambert and Cowan, claiming a lien on said logs for labor thereon in driving.

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Reported from Nisi Prius, Appleton, J., presiding. This was an action of case against the late sheriff of the county of Penobscot, for the alleged default of his in not keeping and delivering over, to be taken on execution, certain logs by him attached on a writ in favor of the plaintiff against Lambert and Cowan, claiming a lien on said logs for labor thereon in driving. The writ in the original action was dated Aug. 13, 1855, and judgment rendered May 30, 1857. The writ in this case was dated Sept. 15, 1857. Plea, general issue, with a denial that plaintiff had established any lien on the…

1Opinion of the Court

The opinion of a majority of the Court was drawn up by

Tenney, C. J.

The plaintiff seeks to obtain a judgment against the defendant, as the former sheriff of the county of Penobscot, for the default of Daniel Jacobs, his deputy, for not delivering, on a demand made by a person legally authorized to receive them, certain logs attached on the *430plaintiff’s writ, by said deputy, and returned thereon by him, against William‘L. Lambert and Stephen L. Cowan, on which he claimed to have a lien for services, in driving the same from Eagle lake, so that they could be seized and sold by the officer, who…

2Cases cited1 opinion

  1. Lynch v. JohnsonCourt of Appeals of Kentucky · 1822

3Cited by1 opinion

  1. Webb v. WebbSupreme Judicial Court of Maine · 2005

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