Bridge v. Wyman
Massachusetts Supreme Judicial Court
This was an action of debt upon a bond given to the plaintiff, when sheriff of the county of Lincoln, conditioned to indemnify him against the misfeasances and nonfeasances of the defendant Wyman, whom the plaintiff had constituted his deputy in the said office of sheriff. After oyer had of the bond and the condition, the defendants plead in bar that the said Wyman omnia performavit, &c.
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This was an action of debt upon a bond given to the plaintiff, when sheriff of the county of Lincoln, conditioned to indemnify him against the misfeasances and nonfeasances of the defendant Wyman, whom the plaintiff had constituted his deputy in the said office of sheriff. After oyer had of the bond and the condition, the defendants plead in bar that the said Wyman omnia performavit, &c. The plaintiff replies, that, on the 19th of April, 1808, Jonathan Phillips and others sued out a writ of attachment against one Enoch Jones, returnable on the second Monday of May then next, command ing the…
1Opinion of the CourtParker, C. J.
We are of opinion that the direction of the judge at the trial was correct, and that the verdict is well maintained by the evidence stated in the report. The attachment made by Webster was sufficient to make him responsible for the property to the attaching creditor ; but actual custody or possession was necessary to make it valid against a subsequent attachment.
The delivery over to Coffin appears to have been merely nominal. The debtors were permitted to work upon the ship, and to have the visible possession of her at the time Wyman made his attachment; and Coffin, who was the servant of…
2Cases cited1 opinion
- Baldwin v. JacksonMassachusetts Supreme Judicial Court · 1815
3Cited by5 opinions
- Burk v. WebbMichigan Supreme Court · 1875
- Spencer v. WilliamsSupreme Court of Vermont · 1828
- Hunt v. RobinsonCalifornia Supreme Court · 1858
- Bell v. ShaferWisconsin Supreme Court · 1883
- Hardin v. SissonAppellate Court of Illinois · 1890