Gower v. Stevens
Supreme Judicial Court of Maine
This was replevin for one yoke of oxen, one horse and wagon and buffalo skin. The plaintiff was a deputy Sheriff and as such on the first day of June, 1837, attached the oxen on a writ in favor of Henry Hall v. Joseph H. Lambert. On the fifth day of April, 1837, he attached the-horse, wagon and skin on a writ in favor qf Daminicus Harmon v. Same. These suits were prosecuted to final judgment.
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This was replevin for one yoke of oxen, one horse and wagon and buffalo skin. The plaintiff was a deputy Sheriff and as such on the first day of June, 1837, attached the oxen on a writ in favor of Henry Hall v. Joseph H. Lambert. On the fifth day of April, 1837, he attached the-horse, wagon and skin on a writ in favor qf Daminicus Harmon v. Same. These suits were prosecuted to final judgment. Joseph H. Lambert was called as a witness and testified that when the plaintiff attached the oxen he left them in his possession, upon his verbal agreement to keep and return thorn to the plaintiff to be…
1Opinion of the Court
The opinion of the Court was delivered by
Weston C. J.
To constitute and preserve an attachment of personal property, by process of law, the officer serving-such process must take the property and continue in possession of it either by himself, or by a keeper by him appointed for this purpose. It has never been understood that he could, consistently with the preservation ■ of the lien constitute the debtor his agent to keep the chattels attached. Except so far as authorized by special statute provision, he cannot leave such property with the debtor, without dissolving the attachment. Woodman v.…
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