Cilley v. Jenness
Superior Court of New Hampshire
Where a deputy sheriff attached property upon two writs, in favor of the same creditor, returning one attachment as subject, the other, and, after judgment recovered, was sued by the creditor for not delivering to him the property attached, it was held, that the deputy sheriff was not answerable for such part of the property as did not in fact belong to the debtor, nor for such part as was by law exempt from attachment, unless the owners consented to the attachment of it.
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Where a deputy sheriff attached property upon two writs, in favor of the same creditor, returning one attachment as subject, the other, and, after judgment recovered, was sued by the creditor for not delivering to him the property attached, it was held, that the deputy sheriff was not answerable for such part of the property as did not in fact belong to the debtor, nor for such part as was by law exempt from attachment, unless the owners consented to the attachment of it. It was 'also held, that potatoes and other perishable articles are subject to attachment, and must either he preserved…
1Opinion of the CourtWoodbury, J.
In this case we shall first consider, whether the defendant was answerable for such articles as had been attached and not returned to the plaintiff; but, in the place of which articles, others of the same species had been returned, accepted, and sold on the first execution.(1) 6 John. 9.-9 John. 381.— 9 Mass. Rep. 537. (⅞) 1 Mass. Rep. 101, Everett vs. Gray et al.-13 John. 219. — 2 John. Ca. 424. (3) 15 Mas*. Rep. 48.
There can be no doubt of the general principle, that a deputy sheriff must be deemed a bailee of all articles attached, and must return -the same which were attached, unless…
2Cases cited7 opinions
- Perry v. CoatesMassachusetts Supreme Judicial Court · 1813
- Jenner v. JoliffeNew York Supreme Court · 1810
- Penhallow v. DwightMassachusetts Supreme Judicial Court · 1810
- Jenner v. JoliffeNew York Supreme Court · 1812
- Harteau v. HarteauMassachusetts Supreme Judicial Court · 1833
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Kittredge v. WarrenSuperior Court of New Hampshire · 1844
- Runlett v. BellSuperior Court of New Hampshire · 1831
- Kimball v. BellowsSuperior Court of New Hampshire · 1842