Wentworth v. Sawyer
Supreme Judicial Court of Maine
On report. Trespass for taking and carrying away seven tons of hay which belonged to the plaintiff. The writ was dated December 4, 1882. The plea was the general issue and brief statement setting forth the defence stated in the opinion. The opinion states the material facts. If a valid attachment was made it was not preserved. If preserved, the officer's duty towards it and his jurisdiction were ended, and moving the hay afterwards constituted a trespass.
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On report. Trespass for taking and carrying away seven tons of hay which belonged to the plaintiff. The writ was dated December 4, 1882. The plea was the general issue and brief statement setting forth the defence stated in the opinion. The opinion states the material facts. If a valid attachment was made it was not preserved. If preserved, the officer's duty towards it and his jurisdiction were ended, and moving the hay afterwards constituted a trespass. As the common law required property attached to be kept by the officer or his servant, so is the law to-day, except when express statutes…
1Opinion of the CourtPoster, J.
The plaintiff claims that the defendants were trespassers in the attachment and removal of a quantity of hay, *437of which he was the owner, in a suit wherein he was defendant, and Sawyer, one of the present defendants, was plaintiff. The question involved in this suit is whether the officer proceeded legally in the discharge of his duty in making said attachment, and in the subsequent removal and sale of the property on mesne process.
The case shows that on the 18th day of November, 1882, the 'defendant' Sawyer sued out a writ of attachment against this plaintiff by the name of John A. Wentworth;…
2Cases cited4 opinions
- Cone v. ForestMassachusetts Supreme Judicial Court · 1879
- Braley v. FrenchSupreme Court of Vermont · 1856
- Wheeler v. RaymondMassachusetts Supreme Judicial Court · 1881
- Coats v. . DarbyNew York Court of Appeals · 1849
3Cited by5 opinions
- McGuire v. United StatesSupreme Court of the United States · 1927
- Hurley v. United StatesCourt of Appeals for the First Circuit · 1924
- United States v. Nine 200-Barrel Tanks of BeerDistrict Court, D. Rhode Island · 1925
- Claremont Gas Light Co. v. WoosterSupreme Court of New Hampshire · 1941
- In re QuirkDistrict Court, W.D. New York · 1924