Congdon v. Cooper
Massachusetts Supreme Judicial Court
This was an action of the case against the defendant, as sheriff of the county of Washington. In the first count of the declaration, the plaintiff recites that he sued out an original writ, bearing date the 16th of September, 1812, against one Kennedy, then an inhabitant of Eastport, in the said county, as was the plaintiff also ; that the said writ was, on the same day, duly served by John Wood, one of the defendant’s deputies, by attachment of certain merchandise ; that…
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This was an action of the case against the defendant, as sheriff of the county of Washington. In the first count of the declaration, the plaintiff recites that he sued out an original writ, bearing date the 16th of September, 1812, against one Kennedy, then an inhabitant of Eastport, in the said county, as was the plaintiff also ; that the said writ was, on the same day, duly served by John Wood, one of the defendant’s deputies, by attachment of certain merchandise ; that final judgment in that action was obtained at the June term of this Court, at Castine, in 1816; that the plaintiff duly…
1Opinion of the CourtParker, C. J.
The general principles, advanced by the counsel for the defendant in this case, are undoubtedly correct. The capture of Eastport, where the deputy sheriff lived, and where, according to his duty, the property attached would be presumed * to remain, would excuse him and the sheriff from producing the property, to levy the execution upon. But this is because the common consequences of capture, according to the laws of war, are supposed to follow; such as a restraint upon the persons of the inhabitants captured, which would prevent their removal; and upon their effects, so that they could not be…
2Cases cited3 opinions
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3Cited by5 opinions
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