Sawyer v. Nichols
Supreme Judicial Court of Maine
On Exceptions from Nisi Prius, Cutting, J., presiding. Case, against the sheriff for alleged neglect and omission of duty in the service of a writ in favor of plaintiff against one Mayville and Eliphalet Morse, trustee. The writ in that suit was dated Nov. 6, 1852, and on the eighth of the same month, special directions in writing were given to defendant, as to the attachment.
Read the full summary
On Exceptions from Nisi Prius, Cutting, J., presiding. Case, against the sheriff for alleged neglect and omission of duty in the service of a writ in favor of plaintiff against one Mayville and Eliphalet Morse, trustee. The writ in that suit was dated Nov. 6, 1852, and on the eighth of the same month, special directions in writing were given to defendant, as to the attachment. A part, of the instruction was as follows: — “You will attach the possession Mr. Mayville bought of Staples on the Danforth plantation, I think, and the hay of Mayville in the barn- of Staples, on said possession; —…
1Opinion of the CourtTenney, J.
The trustee writ against James Mayvillo, and Eliphalet Morse, trustee, in favor of the plaintiff, was dated Nov. 6, 1852, and put into the hands of the defendant for service, with written instructions, which were dated Nov. 8, 1852. The property directed to be attached was not taken by the defendant, and the service was made upon the trustee after he had given a negotiable note for a prior indebtedness to the principal defendant, and after the defendant in this action had seen him, at the house, where the principal and trustee were.
The defendant denied‘his liability for omitting to attach the…
2Cited by1 opinion
- Christie v. BarnesSupreme Court of Kansas · 1885