Pecotte v. Oliver
Idaho Supreme Court
APPEAL from District Court, Alturas County. When a writ is directed to an improper officer, but executed by a proper officer, the error in tbe direction does not vitiate the writ, and may be cured by amendment.
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APPEAL from District Court, Alturas County. When a writ is directed to an improper officer, but executed by a proper officer, the error in tbe direction does not vitiate the writ, and may be cured by amendment. (Walden v. Davidson, 15 Wend. 578; Hearsey v. Bradbury, 9 Mass. 95; Rollins v. Rich, 27 Me. 557; Campbell v. Stiles, 9 Mass. 217; Bronson v. Earl, 17 Johns. 63.) A writ of execution directed to the sheriff, but handed to a constable and executed by him, is valid. .{Blanchard v-. Waters, 10 Met. (Mass.) 185; Lyon v. Fish, 20 Ohio, 104.) Defendant offered in evidence an execution from…
1Opinion of the CourtHays, C. J.
The appellant was an acting constable of Hailey precinct, Alturas county, and on the twentieth day of June, 1883, a warrant of attachment was duly placed in his hands for service in an action against one Charles E. Bolton. It was duly served by him seizing and holding certain property of Bolton’s. Afterward judgment was duly entered against said Bolton and an execution issued thereon, and directed “to the sheriff of Alturas county.” The execution was delivered to defendant, in virtue of which he sold the attached property. Soon after the attachment Bolton assigned his estate to this…
2Cases cited6 opinions
- Hearsey v. BradburyMassachusetts Supreme Judicial Court · 1812
- Walden v. DavisonNew York Supreme Court · 1836
- Campbell v. StilesMassachusetts Supreme Judicial Court · 1812
- Clark v. SawyerCalifornia Supreme Court · 1874
- Hibberd v. SmithCalifornia Supreme Court · 1875
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Christy v. SpringsSupreme Court of Oklahoma · 1902
- Kipp v. BurtonMontana Supreme Court · 1903
- Coombs v. CollinsIdaho Supreme Court · 1899
- Merchants Credit Service, Inc. v. Chouteau County BankMontana Supreme Court · 1941
- Merchants Credit Service, Inc. v. Chouteau County BankMontana Supreme Court · 1941