Small v. Hutchins
Supreme Judicial Court of Maine
This was an action of replevin, for a horse, gig, and harness. The writ was dated November 22d, 1838. The plea was the general issue, non cepii. The plaintiff proved that the defendant attached the property in question, as coroner, on a writ, in a suit, Levi Folsom v. Jonathan Small, Aug. 21, 1838, and took a receipt from Dexter B. M oore for the same property.
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This was an action of replevin, for a horse, gig, and harness. The writ was dated November 22d, 1838. The plea was the general issue, non cepii. The plaintiff proved that the defendant attached the property in question, as coroner, on a writ, in a suit, Levi Folsom v. Jonathan Small, Aug. 21, 1838, and took a receipt from Dexter B. M oore for the same property. He also proved that judgment was rendered in the suit, Folsom v. Small, aforesaid, Oct. 12, 1838, and execution issued same day. It. also appeared, that the defendant demanded the property of the receiptor aforesaid, before the…
1Opinion of the Court
The opinion of the Court was delivered by
Weston C. J.
The case before us differs from Laihrop v. Cook, 14 Maine R. 414, in this important particular, the property there was receipted for by the owner, the receipt not admitting, as is usual in such cases, that it was received as the property of the debtor ; here the receipt was given by a stranger, and must be taken to have been in the usual form. The defendant having attached the property, and put it into the hands of a third person, it was thereby in the custody of the law, and a special property therein was acquired by him in his official…
2Cases cited1 opinion
- Perley v. FosterMassachusetts Supreme Judicial Court · 1812
3Cited by1 opinion
- In re Wright-Dana Hardware Co.Court of Appeals for the Second Circuit · 1914