Lewiston Steam Mill Co. v. Foss
Supreme Judicial Court of Maine
Repoet, on facts agreed. Action on the case to recover damages of the defendant, city clerk of Auburn, alleged to have been sustained by the plaintiffs, through defendant’s mistake and negligence in recording an attachment. The writ is dated Sept. 6th, 1887: — Ad damnum, one hundred and fifty dollars: — plea, the general issue, which was joined.
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Repoet, on facts agreed. Action on the case to recover damages of the defendant, city clerk of Auburn, alleged to have been sustained by the plaintiffs, through defendant’s mistake and negligence in recording an attachment. The writ is dated Sept. 6th, 1887: — Ad damnum, one hundred and fifty dollars: — plea, the general issue, which was joined. The writ has two counts, one for the loss of a lien attachment, and one for loss of an ordinary attachment of the property in question; both however intended to cover the same claim. The facts are as follows : February 17, 1887, Jonas W. Strout and…
1Opinion of the CourtWalton, J.
The question is whether the mistake of a town clerk in recording an attachment will invalidate it. We think it will not. The validity of the attachment does not depend upon the doings of the clerk, but upon the doings of the officer. If the officer has in all particulars performed his duty, nothing which the town clerk can do or omit to do will invalidate the attachment. This will be made plain by a reference to the statute. The statute declares that:—
“When any personal property is attached, which by reason of its bulk or other special cause can not be immediately removed, the officer may,…
2Cited by1 opinion
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