Nichols v. Valentine
Supreme Judicial Court of Maine
'On Report from Nisi PriusAppleton-,. J-., presiding. Trespass, for fifty barrels of spirituous liquor. The general issue, with brief statement, was pleaded. The evidence admitted tended to prove tbe following facta. One Barrett sued out his writ against Arthur Doon upon a note of $ 1200. Upon that writ, this plaintiif, Nichols, being sheriff of the county, attached the liquor, Nov. 27, J-8ol, and took it into his possession.
Read the full summary
'On Report from Nisi PriusAppleton-,. J-., presiding. Trespass, for fifty barrels of spirituous liquor. The general issue, with brief statement, was pleaded. The evidence admitted tended to prove tbe following facta. One Barrett sued out his writ against Arthur Doon upon a note of $ 1200. Upon that writ, this plaintiif, Nichols, being sheriff of the county, attached the liquor, Nov. 27, J-8ol, and took it into his possession. On Dec. 5, 1851, the liquor was taken from the custody of the sheriff by the defendant Valentine, the city marshal, claiming to act under a warrant duly issued for the…
1Opinion of the Court
Rice, J. —
The liquors in controversy were attached by the plaintiff, who was then Sheriff of Washington county, on the 27th day of November, 1851, on a writ in favor of *324Thomas Barret against Arthur Doon. This writ, it is conceded, was in due form of law, and issued from a court of competent jurisdiction.
After the liquors had thus been attached, the defendant Yalentine, who, it is admitted, was marshal of the city of Calais, and the other defendants, acting as his aids, seized said liquors on a warrant of search, issued by the Judge of the Police Court of the city of Calais, on a charge that…
2Cases cited1 opinion
- Pierce v. JacksonMassachusetts Supreme Judicial Court · 1810
3Cited by1 opinion
- Barron v. ArnoldSupreme Court of Rhode Island · 1887