Russell v. Walker
Massachusetts Supreme Judicial Court
Contract by a deputy sheriff to recover certain damages, costs, and expenses, for which he had become liable in three actions brought against him for the alleged conversion of goods in levying an execution in favor of the defendant. Trial in the Superior Court, before Dewey, J., who reported the case for the determination of this court, in substance as follows.
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Contract by a deputy sheriff to recover certain damages, costs, and expenses, for which he had become liable in three actions brought against him for the alleged conversion of goods in levying an execution in favor of the defendant. Trial in the Superior Court, before Dewey, J., who reported the case for the determination of this court, in substance as follows. On August 17, 1882, the defendant brought an action against Maria D. Mann and Birney Mann, her son, both of whom resided together on a farm, and the writ was placed in the hands of the plaintiff, who was directed to make an attachment…
1Opinion of the CourtDevens, J.
The plaintiff, who was a deputy sheriff, seeks to hold the defendant responsible for the damages, costs, and legal expenses incurred in three actions brought against him in consequence of the service of an execution in favor of t'he defendant against Maria D. Mann and Birney Mann. The property sold by the plaintiff had been attached by him on mesne process, but no demand therefor had been made, nor does there appear to have been any complaint of the plaintiff’s proceedings, except such as arose from his levy of the execution. In an action brought against the plaintiff by Maria D. Mann, it has…
2Cases cited7 opinions
- Bond v. WardMassachusetts Supreme Judicial Court · 1810
- Hyde v. CooperSupreme Court of Vermont · 1854
- Chamberlain v. . BellerNew York Court of Appeals · 1858
- Michels v. StorkMichigan Supreme Court · 1880
- Cook v. MerrifieldMassachusetts Supreme Judicial Court · 1885
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Jennings v. WallMassachusetts Supreme Judicial Court · 1914
- Hamberger v. SeaveyMassachusetts Supreme Judicial Court · 1896
- Adams v. Savery House Hotel Co.Wisconsin Supreme Court · 1900
- Devoid v. AndersonSupreme Court of New Hampshire · 1967