Kennedy v. Brent
Supreme Court of the United States
ERROR to the circuit court for the district of Coiumbia, sitting at Alexandria, in an action on th- case by Kennedy against Brent, marshal of the district of Columbia, for the neglect of his. deputy in not sérving a ^pbena in chancery, cqmmoñly called a chancery attachmenr, in.due time, whereby the plaintiff lost his debt, The. declaration stated that one Johnston, who did not reside in the district of Columbia, was indebted to the piajnC¡ff a resident of Alexandria in that…
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ERROR to the circuit court for the district of Coiumbia, sitting at Alexandria, in an action on th- case by Kennedy against Brent, marshal of the district of Columbia, for the neglect of his. deputy in not sérving a ^pbena in chancery, cqmmoñly called a chancery attachmenr, in.due time, whereby the plaintiff lost his debt, The. declaration stated that one Johnston, who did not reside in the district of Columbia, was indebted to the piajnC¡ff a resident of Alexandria in that district, and that one Hampson wag indebted to Johnston ; that ™ or<^er to subject the money in Hampson’s hands to the…
1Opinion of the Court
Marshall, Ch. J.
delivered the opinion of the couft to the following effect.
The questions intended to be submitted to the court were, 1st. Whether the marshal was bound to serve this process as soon as he reasonably could; and, 2. *192Whether the service of such process would have made fiampson liable iti case he had paid over the .money after such service. ' On these points the. court- has no douht; But the. case ’13 imperfectly stated.. It does not appear that the plaintiff has sustained any' loss by the neglect of the officer to serve the process, and for this reason
The judgment is affirmed.
2Cited by1 opinion
- Kennedy v. BrentSupreme Court of the United States · 1810