Weston v. Dorr
Supreme Judicial Court of Maine
Trespass, de bonis asportatis, against the defendant, as late sheriff of the county, for the acts of Erastus W. Kelly, as his deputy. The facts, in relation to the property in the goods and the taking thereof, are given in the opinion of the Court.
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Trespass, de bonis asportatis, against the defendant, as late sheriff of the county, for the acts of Erastus W. Kelly, as his deputy. The facts, in relation to the property in the goods and the taking thereof, are given in the opinion of the Court. The taking of the goods by Kelly, for which this action was brought, was on the 16th of June, 1841. At the trial, before Whitman C. J. it appeared, that on Aug. 19, 1841, two writs against Wing, one in favor of Wetherell & Whitney, and the other in favor of Wetherell, Whitney & Co. were put into the hands of Kelly for service, and he returned…
1Opinion of the Court
The opinion of the Court was drawn up by
Tenney J.
This is an action of trespass, alleged to have been committed by E. W. Kelly, a deputy of the defendant. Kelly having attached certain goods described in a schedule annexed to his return upon a writ in favor of one Sturtivant against John O. Wing, the owner thereof, on the 11th June, 1841, and having kept the same by his servant without removal, till the 14th of the same month, took a receipt of certain goods of the value of $300 signed by the plaintiff and one Benson, and thereupon delivered up all the goods, and left the plaintiff in…
2Cited by3 opinions
- Crisman v. DorseySupreme Court of Colorado · 1889
- Bryant v. OsgoodSupreme Court of New Hampshire · 1872
- In re Hymes Buggy & Implement Co.District Court, W.D. Missouri · 1904