Legal Opinion

Baldwin v. Hatch

Supreme Judicial Court of Maine

Decided July 1, 1866PublishedCited by 1 opinion

On Exceptions from Nisi Prius, Dickerson, J., presiding. Case against the defendant, as sheriff, for the default of his deputy, Josephus Stevens, for not applying and paying over to the plaintiffs money received from the sale of goods attached. Plaintiff introduced the record of a suit Wm. II. Baldwin & al. v. B. II.

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On Exceptions from Nisi Prius, Dickerson, J., presiding. Case against the defendant, as sheriff, for the default of his deputy, Josephus Stevens, for not applying and paying over to the plaintiffs money received from the sale of goods attached. Plaintiff introduced the record of a suit Wm. II. Baldwin & al. v. B. II. Osborn & al.; the original writ, officer's return, with the memorandum of the clerk of the court thereon, showing that a hearing was had before him, by the counsel of the parties to the suit on the taxation of the costs, in the absence of the officer, and that the clerk deducted…

1Opinion of the CourtWaltoN, J.

The officer, (Stevens,) seems to have acted upon the supposition that he would not be authorized to deduct from the funds in his hands the expense of keeping and selling the goods attached unless the amount was first taxed and allowed in the plaintiffs’ bill of cost. In this he was mistaken.

In Twombly v. Hunewell, 2 Maine, 221, only $30 were taxed and allowed for the officer in the plaintiff’s bill of cost. The officer deducted from the funds in his hands $175, in addition to the $30 thus allowed, and the Court held that he was justified in so doing.

*169In Tyler v. Ulmer, 12 Mass., 168, Chief…

2Cases cited2 opinions

  1. Tyler v. UlmerMassachusetts Supreme Judicial Court · 1815
  2. Sewall v. MattoonMassachusetts Supreme Judicial Court · 1813

3Cited by1 opinion

  1. Cramer v. OppensteinSupreme Court of Colorado · 1891

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