Grant v. Lyman
Massachusetts Supreme Judicial Court
Trespass upon the case against the sheriff of Hampshire for an alleged default of William W. Partridge, one of his deputies.
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Trespass upon the case against the sheriff of Hampshire for an alleged default of William W. Partridge, one of his deputies. It was in evidence, at the trial in the court of common pleas. before Warren, J. that the plaintiff, in November and December 1838, sued out and delivered to said Partridge, for service, several writs against Luther Clapp, Thaddeus Clapp, and Heman Pcmroy, and that upon some of those writs said Partridge returned attachments of personal property ; that the plaintiff dul) entered said writs in the court to which they were returnable, and prosecuted his suits to final…
1Opinion of the CourtShaw, C. J.
The first question in this case turns upon the regularity of- the insolvent proceedings against the debtors. It is an action against the sheriff for the default of his deputy, who had attached property on mesne process, at the suit of the plaintiff, for not keeping it and having it forthcoming to satisfy the plaintiff’s executions. The answer, on the part of the defendant, for his deputy and himself, is, that after the attachment, and before the plaintiff recovered judgment, proceedings were instituted under the insolvent law of 1838, under which all the debtors’ property was assigned, by…
2Cases cited2 opinions
- Ladd v. NorthMassachusetts Supreme Judicial Court · 1807
- Blake v. ShawMassachusetts Supreme Judicial Court · 1811