Doliver v. Collingwood
Supreme Court of Rhode Island
Exceptions to a Special Court of Common Pleas. This action was brought before a Special Court of Common Pleas against the defendant, as sheriff of Kent County, to recover tbe amount of an execution and of costs incurred in keeping certain chattels levied on. The circumstances in which this action was brought are stated toward the close of the opinion of the court.
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Exceptions to a Special Court of Common Pleas. This action was brought before a Special Court of Common Pleas against the defendant, as sheriff of Kent County, to recover tbe amount of an execution and of costs incurred in keeping certain chattels levied on. The circumstances in which this action was brought are stated toward the close of the opinion of the court. In the Special Court of Common Pleas the presiding justice gave the plaintiff judgment for the amount of the debt on execution and costs incurred prior to June 7, 1881, but ruled out costs and keeper’s fees incurred after that day…
1Per curiam
The rule at common law is, that the sheriff who begins the service of an execution during his term of office shall finish it, though his term of office expires before he can do so. Two reasons are given for the rule. One is that, the execution being an entire thing, he who begins must end it. Purl's Lessee v. Duvall, 5 Har. & J. 69, 77; Murfree on Sheriffs, § 1040. The other is that, when an execution is levied on goods and chattels, the sheriff thereby acquires a special property in them which enables him to make the sale after his office has expired. Murfree on Sheriffs, § 1040. The levy…
2Cases cited1 opinion
- Purl's Lessee v. DuvallCourt of Appeals of Maryland · 1820