Ayers v. Hewett
Supreme Judicial Court of Maine
This was an action of replevin. Plea — the general issue. The defendant filed a brief statement, justifying as a deputy sheriff the attachment, of the goods replevied, as the property of Edward Boyles on a writ in favor of Smith & Price against him.
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This was an action of replevin. Plea — the general issue. The defendant filed a brief statement, justifying as a deputy sheriff the attachment, of the goods replevied, as the property of Edward Boyles on a writ in favor of Smith & Price against him. From the report of Shepley J. before whom the cause was tried, it appeared that the plaintiffs, who were merchants residing in Boston, on the 24th .Tune, 1839, sold the goods replevied, and other goods to said Boyles, and took his negotiable notes in payment thereof. On the 24th of the following August, they were attached by the defendant on writs…
1Opinion of the Court
The opinion of the Court was delivered by
Whitman C. J.
This being an action of replevin, and a verdict having been returned for the plaintiffs, it is now brought before us, upon a report of the facts proved, and opinions delivered by the Court, in the course of the trial. And it appears to have been agreed, that the defendant was a deputy sheriff, and, as such, had attached the goods replevied, by virtue of legal process, against one Edward Boyles, at the suit of Smith and Price, who were his bona fide creditors. And it seems further to have been agreed, if the opinions, delivered by the Court…
2Cited by7 opinions
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