Sewall v. Mattoon
Massachusetts Supreme Judicial Court
Case against the defendant, sheriff of the county of Hampshire, for the misfeasance of one of his deputies. The parties agreed to submit the action to the determination of the Court upon the following facts, viz.: — The plaintiffs, on the 16th of December, 1805, sued out of the Common Pleas for this county a writ of attachment, in due form of law, against one Solomon Johnson, directed to the sheriff of the county of Hampshire or his deputy, commanding them to attach the…
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Case against the defendant, sheriff of the county of Hampshire, for the misfeasance of one of his deputies. The parties agreed to submit the action to the determination of the Court upon the following facts, viz.: — The plaintiffs, on the 16th of December, 1805, sued out of the Common Pleas for this county a writ of attachment, in due form of law, against one Solomon Johnson, directed to the sheriff of the county of Hampshire or his deputy, commanding them to attach the goods or estate of said Johnson to the value of 100 dollars; which writ the plaintiffs, on the same day, delivered to one…
1Opinion of the Court
By the Court.
The object of an attachment on mesne pro cess is to compel the appearance of the defendant, * and to secure to the plaintiff the benefit of his judgmerit. When an officer attaches the debtor’s cattle, the debtor is bound to support them, after notice to him by the officer that they are attached. If he neglects to do it, and they perish from that cause, the loss will be his. They are at his risk. In case he is unable to furnish the necessary sustenance for them, he may procure some person, who will become responsible to the officer, that they shall be produced, when demanded to…
2Cited by2 opinions
- Baldwin v. HatchSupreme Judicial Court of Maine · 1866
- Beaulieu v. ClarkMassachusetts Supreme Judicial Court · 1911