Boswell v. Dingley
Massachusetts Supreme Judicial Court
Assumpsit, by a deputy sheriff, for services performed by him, at the defendant’s request, in arresting and committing two persons, upon executions issued in favor of the defendant.
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Assumpsit, by a deputy sheriff, for services performed by him, at the defendant’s request, in arresting and committing two persons, upon executions issued in favor of the defendant. At the last June term in this county, the parties submitted the cause to the opinion of the Court, upon a statement of facts, in substance as follows: — The defendant, having recovered two several judgments in the Court of Common Pleas, for this county, against one James Stack-pole, and one Joseph Doe, in personal actions, sued out his writs oi execution upon those judgments, and delivered the same to the…
1Opinion of the Court
The action stood continued for advisement; and now the opin ion of the Court was delivered by
* Parsons, C. J.
This is an action of assumpsit, brought [*413] *362by the plaintiff, a deputy sheriff, for his fees in serving two execu tians, issued at the suits of the defendant; and the cause comes before us on a case made by the parties.
It is agreed that the defendant, having sued out two executions, one against Stackpole, and the other against Doe, delivered them to the plaintiff to be executed; who, for want of goods, chattels, or lands, of the debtors, arrested their bodies, and committed them in…
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