Freeman v. Rankins
Supreme Judicial Court of Maine
Exceptions from the Eastern District Court, Aleen J. presiding. Trespass to recover the value of a cow, taken by- the defendant, a deputy sheriff, who claimed to justify the taking by virtue of a writ against the plaintiff, Stephen Freeman, as his property.
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Exceptions from the Eastern District Court, Aleen J. presiding. Trespass to recover the value of a cow, taken by- the defendant, a deputy sheriff, who claimed to justify the taking by virtue of a writ against the plaintiff, Stephen Freeman, as his property. The exceptions state, that the plaintiff called Forest Turner, who testified, that in 1836, he and the plaintiff made a bargain, that the plaintiff and his family were to live with him ; that as a remuneration for their support he was to have the plaintiff’s labor and the use and whole benefit of the cow and her increase, while they lived…
1Opinion of the Court
The opinion of the Court was drawn up by
Shepley J.
— The testimony presented in this bill of exceptions might have authorized a jury to find, that the plaintiff at the time of the attachment was the owner of two cows; and that one of them was taken by the officer to apply the proceeds to the payment of his debts. The question presented for consideration however is not, whether a verdict for the plaintiff was properly authorized by the testimony ; but whether the instructions to the jury were correct, and those requested properly withheld. The first request for instruction was, “ that if the…
2Cited by1 opinion
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