Emerson v. Lombard
Supreme Judicial Court of Maine
The plaintiff in an action of trespass, alleged, that he had been arrested and falsely imprisoned by the defendants. The defendants justified the arrest and imprisonment by virtue of an execution in favor of Lombard against the plaintiff, the other defendant, Eastman, being a deputy-sheriff and having the execution, in his hands.
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The plaintiff in an action of trespass, alleged, that he had been arrested and falsely imprisoned by the defendants. The defendants justified the arrest and imprisonment by virtue of an execution in favor of Lombard against the plaintiff, the other defendant, Eastman, being a deputy-sheriff and having the execution, in his hands. An alias execution was produced, issued by the Municipal Judge of Hallowell, for a balance of $18,50, in the margin of which was inserted the sum of $18,50, and also the following entry. “ It appears by a certificate attached to a former execution, that the creditor…
1Opinion of the Court
The case was continued for advisement, and the opinion of the Court was prepared by
Weston C. J.
Whether the imprisonment complained of is justified or not, will depend upon the question, whether the plaintiff, while under arrest, tendered to the officer the full sum, for which he was liable, upon the execution. The plaintiff had been cited, under the act of 1831, c. 520, <§> 3, and had made default. The seventh section of the same statute determines the fees, to which the justice, who issues the notice, and the justices, before whom the disclosure is appointed to be made, shall be entitled, to…
2Cases cited1 opinion
- Gordon v. EdsonSuperior Court of New Hampshire · 1819