Day v. Moore
Massachusetts Supreme Judicial Court
Action of contract by a deputy sheriff upon an agreement of the defendant to indemnify him in selling certain personal property on execution against John C. Murphy.
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Action of contract by a deputy sheriff upon an agreement of the defendant to indemnify him in selling certain personal property on execution against John C. Murphy. At the trial in the court of common pleas, at December term 1858, before Mellen, C. J., the plaintiff, being shown a paper purporting to be an original writ in an action by this defendant against Murphy, returnable before a justice of the peace, with a return of the attachment of said property, signed by the plaintiff, indorsed thereon, testified that he knew the handwriting of the justice, and that the signature of the paper was…
1Opinion of the CourtMetcalf, J.
1. The original writ, on which the plaintiff made an attachment, and his return thereon, and the original execution, with his indorsement thereon, were rightly admitted in evidence, although authenticated copies thereof would have been admissible. It was in the plaintiff’s option to offer which he pleased. Sheldon v. Frink, 12 Pick. 568. Greene v. Durfee, 6 Cush. 362. Brush v. Taggart, 7 Johns. 19. Foster v. Trull, 12 Johns. 456.
No reason has been assigned, and we know of none, against the admission of the plaintiff’s testimony to the handwriting of the defendant’s attorney, on the writ…
2Cases cited2 opinions
- Foster v. TrullNew York Supreme Court · 1815
- Brush v. TaggartNew York Supreme Court · 1810