Mace v. Gaddis
Washington Territory
Error to the District Court holding terms at Montesano. Second District. The plaintiff sued the defendant Gaddis, as sheriff, and the sureties on the sheriff’s official bond, to recover damages for the wrongful act of the sheriff’s deputy, who attached and took possession under a writ of attachment issued out of the District Court, of certain real estate which as a homestead was exempt from attachment.
Read the full summary
Error to the District Court holding terms at Montesano. Second District. The plaintiff sued the defendant Gaddis, as sheriff, and the sureties on the sheriff’s official bond, to recover damages for the wrongful act of the sheriff’s deputy, who attached and took possession under a writ of attachment issued out of the District Court, of certain real estate which as a homestead was exempt from attachment. The defendant, after denying the trespass and damages, pleaded specially that before suit, and upon the surrender of the attached property by the deputy sheriff, he tendered all moneys…
1Opinion of the CourtJustice Langford
In this case the appellant files a brief on the merits, citing numerous authorities. The appellee files a brief to the merits and to points for dismissal, that to the merits and to points of dismissal being confused together, but citing no authority. The appellant appears and argues the cause; the appellee makes no appearance except by his said brief. .The cause being in this attitude, we will decide the same upon the merits.
The complaint alleges that one of the appellees was sheriff and the other defendants his official bondsmen; that the sheriff, by his deputy, in an attachment proceeding…
2Cases cited1 opinion
- Lammon v. FeusierSupreme Court of the United States · 1884
3Cited by6 opinions
- American Guaranty Co. v. McNieceOhio Supreme Court · 1924
- Jahns v. ClarkWashington Supreme Court · 1926
- Choukas v. SeverynsWashington Supreme Court · 1940
- Fish v. NethercuttWashington Supreme Court · 1896
- Brown v. LevanIdaho Supreme Court · 1896
1 more not listed; retrieve them via the Exa API.