Legal Opinion

Miller v. Adams

Massachusetts Supreme Judicial Court

Decided October 15, 1820PublishedCited by 15 opinions

Case against the defendant, a deputy of the sheriff of Plymouth, for misfeasance in not duly serving and returning an original writ against Thatcher &f Al. The present action was commenced the 30th of October, 1819. The misfeasance complained of was, that the defendant, in returning the said writ, certified an attachment of certain real estate, and a summons to one as trustee, but made no return of any summons to the principal defendants.

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Case against the defendant, a deputy of the sheriff of Plymouth, for misfeasance in not duly serving and returning an original writ against Thatcher &f Al. The present action was commenced the 30th of October, 1819. The misfeasance complained of was, that the defendant, in returning the said writ, certified an attachment of certain real estate, and a summons to one as trustee, but made no return of any summons to the principal defendants. The return was dated February 6th, 1808. Judgment was rendered in that suit for the plaintiff in December, 1808; and execution was levied on real estate of…

1Per curiam

The question in this case is, at what time the plaintiff’s right of action accrued to him. And we are all of opinion that it accrued when the return of the writ was made into the clerk’s office. The plaintiff should then have seen the defect in the return, and procured its amendment, if a sufficient service had been made. If not, he should have pursued his remedy against the officer at that time ; or, at the furthest, after extending his execution ; for, the judgment being then liable to reversal, he might immediately have brought his action against the officer, and would have been entitled…

2Cited by15 opinions

  1. Bank of Hartford County v. WatermanSupreme Court of Connecticut · 1857
  2. Governor v. GordonSupreme Court of Alabama · 1848
  3. Campbell's Administrator v. BoggsSupreme Court of Pennsylvania · 1855
  4. McKay v. CoolidgeMassachusetts Supreme Judicial Court · 1914
  5. Owen v. Western Saving FundSupreme Court of Pennsylvania · 1881

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