Farnham v. Gilman
Supreme Judicial Court of Maine
Assumpsit upon receipts for goods attached by the plaintiff, . then a deputy sheriff, as the property of Samuel A. Gilman, in suits, Henry Rice against him. There were two distinct suits, tried at different times, when different Judges were presiding, but the questions of law embraced in one case included all that were raised in the other. Only one of the cases will therefore be mentioned hereafter.
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Assumpsit upon receipts for goods attached by the plaintiff, . then a deputy sheriff, as the property of Samuel A. Gilman, in suits, Henry Rice against him. There were two distinct suits, tried at different times, when different Judges were presiding, but the questions of law embraced in one case included all that were raised in the other. Only one of the cases will therefore be mentioned hereafter. The plaintiff proved an attachment of the property in the suit, Rice v. Samuel A. Gilman, receipt therefor signed by him and by the other defendant, a judgment in favor of the plaintiff, issuing…
1Opinion of the Court
The opinion of the Court was drawn up by
Tenney J.
In 1837, Henry Rice obtained two judgments in this Court against Samuel A. Gilman. On the original writs, the plaintiff, as deputy sheriff, returned goods attached; receipts were taken therefor, and the goods were sold by the debtor in the due course of business, they not having been removed from the shelves. Executions were issued upon these judgments and put into the hands of an- officer, who made demand of the plaintiff, he not being then in office, for the goods returned, that they might be seized and sold to satisfy the executions; no…
2Cases cited2 opinions
- Dunn v. SnellMassachusetts Supreme Judicial Court · 1819
- Champion v. NoyesMassachusetts Supreme Judicial Court · 1807
3Cited by1 opinion
- People ex rel. Moseley v. CermakAppellate Court of Illinois · 1919