Harriman v. Wilkins
Supreme Judicial Court of Maine
This was an action of the case brought against the defendant, late sheriff of this county, for the default of Joseph T. Copeland, then one of his deputies, for taking an insufficient surety upon a replevin bond, in a suit of replevin brought by Jonathan and David Greene against the plaintiff. ‘ Plea, the general issue. The defendant likewise filed a brief statement, in which he relied upon the statute of limitations.
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This was an action of the case brought against the defendant, late sheriff of this county, for the default of Joseph T. Copeland, then one of his deputies, for taking an insufficient surety upon a replevin bond, in a suit of replevin brought by Jonathan and David Greene against the plaintiff. ‘ Plea, the general issue. The defendant likewise filed a brief statement, in which he relied upon the statute of limitations. From the report of Sheplev J. who tried the cause, it appeared that said Greenes, on the 9th day of August, 1833, sued out their writ against the plaintiff, in which the sheriff…
1Opinion of the Court
The opinion of the Court was by
Shepley J.
In making service of the writ of replevin and in taking the bond, the deputy was acting in his official capacity. The plaintiff in replevin could not be a trespasser in taking the goods, if he offered sureties satisfactory to the officer. And if the officer took a bond to the defend*97ant in replevin with insufficient sureties, he was guilty of official misconduct, for which the defendant must be responsible. In the case of Purple v. Purple, 5 Pick. 226, the officer was regarded as a trespasser because he took the bond to himself instead of to the…
2Cases cited1 opinion
- Morris v. Van VoastNew York Supreme Court · 1838
3Cited by9 opinions
- Tantish v. SzendeySupreme Judicial Court of Maine · 1962
- Williams v. Ford Motor CompanySupreme Judicial Court of Maine · 1975
- Georgia Pacific Railway Co. v. DooleySupreme Court of Georgia · 1890
- Copeland v. Wabash RailroadSupreme Court of Missouri · 1903
- State ex rel. Knapp, Stout & Co. v. FinnMissouri Court of Appeals · 1886
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