Wing v. Hussey
Supreme Judicial Court of Maine
ON report from superior court, Kennebec county. Trespass for causing the arrest and imprisonment of the plaintiff. Date of writ, October 2, 1878. From the report it appears that July 12, 1878, Arabella Stratton, Adm’x, obtained judgment against this plaintiff before Mark Hollins, trial justice, for twenty dollars and costs; an execution was issued on that judgment, July 15, 1878, and delivered that day or the next, by the magistrate to Llewellyn Libbey, deputy sheriff, at…
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ON report from superior court, Kennebec county. Trespass for causing the arrest and imprisonment of the plaintiff. Date of writ, October 2, 1878. From the report it appears that July 12, 1878, Arabella Stratton, Adm’x, obtained judgment against this plaintiff before Mark Hollins, trial justice, for twenty dollars and costs; an execution was issued on that judgment, July 15, 1878, and delivered that day or the next, by the magistrate to Llewellyn Libbey, deputy sheriff, at the request of this defendant, who acted for Arabella Stratton, and directed the officer to arrest the plaintiff in this…
1Opinion of the CourtLibbey, J.
Tbe great question involved in this case, is: Whether an execution issued and put into the hands of an officer for service during the life of the plaintiff in the execution, is abated by his death before service.
At common law, the rule is well settled that the death of the plaintiff does not abate the execution, and that it is the duty' of the officer to serve it. A return by him of the death of the plaintiff is a bad return. Cleve v. Veer, Cro. Car. 459; Thoroughgood’s Case, Noy, 73; Ellis v. Griffith, 16 Mees. & W. 106; Comm. v. Whitney, 10 Pick. 434; Murray v. Buchanan, 7 Blackf. 549;…
2Cases cited1 opinion
- Murray v. BuchananIndiana Supreme Court · 1845
3Cited by2 opinions
- Lipman v. ThomasSupreme Judicial Court of Maine · 1948
- Gerald York v. Day's, Inc.Supreme Judicial Court of Maine · 1958