Knight v. Herrin
Supreme Judicial Court of Maine
Reported by Cutting, J. This was an action of Trespass for the taking and conversion of a horse. The defendant justified the taking and sale of the horse as sheriff of the county, having attached the same on a writ against the plaintiff. The action was submitted to the decision of the presiding Judge, with the right to except.
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Reported by Cutting, J. This was an action of Trespass for the taking and conversion of a horse. The defendant justified the taking and sale of the horse as sheriff of the county, having attached the same on a writ against the plaintiff. The action was submitted to the decision of the presiding Judge, with the right to except. The plaintiff offered evidence tending to prove that the horse was owned by himself and his son in equal proportions; also the value of the horse, and the- defendant’s sale of the same by public auction.- In defence, the official character of the defendant was proved j…
1Opinion of the Court
The opinion of the Court was drawn up by
Cutting, J.
The plaintiff, having shown that at the time of the attachment he was the owner of the property in controversy, jointly with his son, is entitled to damages for. a conversion of his interest, unless the defendant, as an officer, has established a legal justification. This he attempts to do by his official return upon the writ, wherein it appears that thereon he attached the property on December 15, 1858, caused it to be examined and appraised under c. 81, § 47, on the twenty-first day of the same month, and in two days afterwards, having…
2Cited by3 opinions
- Gross v. Gates, Auditor of AccountsSupreme Court of Vermont · 1937
- State Ex Rel. Bell v. McCulloughMontana Supreme Court · 1929
- Keene Five-Cent Savings Bank v. MarshSupreme Court of Kansas · 1884