Alderman v.Phelps
Massachusetts Supreme Judicial Court
This was an action of the case against the defendant, as sheriff of the county of Hampden, for the neglect of one of his deputies, in not seizing, on execution, certain real estate attached by him on the original writ in the same suit. The judgment on which the said execution issued was rendered on the 22d of November, 1816, and the execution was delivered by the plaintiff to the deputy sheriff on the 22d of December following, which was Sunday.
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This was an action of the case against the defendant, as sheriff of the county of Hampden, for the neglect of one of his deputies, in not seizing, on execution, certain real estate attached by him on the original writ in the same suit. The judgment on which the said execution issued was rendered on the 22d of November, 1816, and the execution was delivered by the plaintiff to the deputy sheriff on the 22d of December following, which was Sunday. Howe, for the plaintiff, argued that, Sunday being the thirtieth day from the rendition of the judgment, and that * being a day in which the officer…
1Opinion of the Court
By the Court.
The statute has limited the lien formed by the attachment on mesne process to thirty days from the rendering of the judgment. It is not for this Court to extend the term ; nor do we see any reason why the last day of the thirty should be excluded because it happens to be Sunday, rather than any or all the Sundays during the time limited.
Plaintiff nonsuit.
2Cited by18 opinions
- Inhabitants of Worcester v. EatonMassachusetts Supreme Judicial Court · 1814
- Johnson v. MeyersCourt of Appeals for the Eighth Circuit · 1893
- Simmons v. HanneSupreme Court of Florida · 1905
- Meyer v. Hot Springs Imp. Co.Court of Appeals for the Ninth Circuit · 1909
- Cooley v. CookMassachusetts Supreme Judicial Court · 1878
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