Webster v. Ballou
Supreme Judicial Court of Maine
On exceptions by defendants. The bill of exceptions states as follows : "This was a petition for mandamus to compel the respondent to serve a writ of possession issuing out of the Supreme Judicial Court for Sagadahoc County, in a real action wherein the petitioner, Joseph F. Webster was plaintiff, and Francis Holmes defendant. "The petition for mandamus is dated September' 12, 1911, and was made returnable before Mr. Justice Haley, on September 14th.
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On exceptions by defendants. The bill of exceptions states as follows : "This was a petition for mandamus to compel the respondent to serve a writ of possession issuing out of the Supreme Judicial Court for Sagadahoc County, in a real action wherein the petitioner, Joseph F. Webster was plaintiff, and Francis Holmes defendant. "The petition for mandamus is dated September' 12, 1911, and was made returnable before Mr. Justice Haley, on September 14th. On that date the alternative writ, was, by agreement of parties, ordered to issue, and was issued; the return of the respondent Ballou thereto…
1Opinion of the CourtKing, J.
Petition for a writ of mandamus. At the August term 1910 of the Supreme Judicial Court for Sagadahoc County, the petitioner, Joseph F. Webster, recovered judgment against Francis Holmes for the possession of certain real estate in Bath in that county. A writ of possession issued upon said judgment and was placed in the hands of the respondent, John W. Ballou, Sheriff of Sagadahoc County, commanding him "that without delay you cause the said Joseph F. Webster to have, possession of and in the said premises.” The sheriff did not execute the writ of possession, whereupon these proceedings for a…
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