Hardy v. Tilton
Supreme Judicial Court of Maine
On exceptions. Case against the sheriff for the misfeasance of his deputy, Jeremiah J. Walker, in not paying over money collected on an execution.
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On exceptions. Case against the sheriff for the misfeasance of his deputy, Jeremiah J. Walker, in not paying over money collected on an execution. The defendant pleaded the general issue, with a brief statement that his deputy, Walker, paid over to the plaintiff the money collected on the execution with the exception of $39.63, which said money, then in his hands as deputy sheriff, he, in his said capacity, had taken as the property of the estate of the said Warren Hardy, deceased, on an execution then in his hands for collection, in favor of Micah W. Norton, and against the plaintiff, to…
1Opinion of the CourtWalton, J.
The question is whether an officer, who has collected money on an execution, can apply it in satisfaction of another execution against the person for whom it was collected, both executions being in his hands for collection at the same time.
We think not. The attempt has often been made to attach or levy upon money thus situated; but it has uniformly been held *196that money, while in the hands of an officer, who has collected it under legal process, is in custodia legis, and not the subject of attachment or levy.
The leading case in this country was decided by the supreme court of the United…
2Cases cited3 opinions
- Wilder v. BaileyMassachusetts Supreme Judicial Court · 1807
- Dubois v. DuboisNew York Supreme Court · 1826
- Clymer v. WillisCalifornia Supreme Court · 1853
3Cited by4 opinions
- Davis v. CoxCourt of Appeals for the First Circuit · 2004
- Fulghum v. Williams Co.Supreme Court of Georgia · 1902
- Hooker v. WigginsSupreme Court of Florida · 1932
- Davis v. CoxCourt of Appeals for the First Circuit · 2004