Blake v. Shaw
Massachusetts Supreme Judicial Court
This was an action of the case against the defendant, late sheriff of this county, for the default of one John Balch, who was his deputy. It was submitted to the opinion of the Court upon the case stated, containing, in substance, the following facts: — The plaintiff, in April, 1806, purchased out of the clerk’s office of the Court of Common Pleas for this county a writ of attachment against one Samuel Greenleaf, and delivered the same to Balch, to be served and returned.
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This was an action of the case against the defendant, late sheriff of this county, for the default of one John Balch, who was his deputy. It was submitted to the opinion of the Court upon the case stated, containing, in substance, the following facts: — The plaintiff, in April, 1806, purchased out of the clerk’s office of the Court of Common Pleas for this county a writ of attachment against one Samuel Greenleaf, and delivered the same to Balch, to be served and returned. He returned an attachment of certain goods, which he described, and stated to be of the value of 330 dollars. In March,…
1Opinion of the Court
By the Court.
The cause of action, or the complaint of the *424plaintiff, as stated in the declaration in this case, is not a default or neglect, for which the defendant is liable.
It is not the duty of a sheriff, and indeed it would be contrary to his duty, to deliver up goods h olden by attachment, to the creditor therein, even after his demand is ascertained and sanctioned by a judgment. Goods attached are in the legal custody of the officer, and he is accountable for them, no less to the supposed debtor than to the creditor in the writ of attachment; and the general property in the goods is not…
2Cited by5 opinions
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- Tukey v. SmithSupreme Judicial Court of Maine · 1841
- Grant v. LymanMassachusetts Supreme Judicial Court · 1842
- Pillsbury v. SmallSupreme Judicial Court of Maine · 1841