Clark v. Clough
Supreme Judicial Court of Maine
This ivas an action of the case against the defendant, a deputy sheriff, for refusing to deliver up to the plaintiff an execution in his favor against one Plummer, upon tender of all his fees and expenses thereon ; and for not returning the same execution. At the trial, which was before the Chief Justice, the following facts appeared in evidence.
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This ivas an action of the case against the defendant, a deputy sheriff, for refusing to deliver up to the plaintiff an execution in his favor against one Plummer, upon tender of all his fees and expenses thereon ; and for not returning the same execution. At the trial, which was before the Chief Justice, the following facts appeared in evidence. In May 1816, Pitt Dillingham, having purchased land of one Norris, commenced a real action to recover the possession, in the name of Norris, against one Howe, who claimed it. The writ in that case was served by Clark, the present plaintiff, then a…
1Opinion of the Court
Weston J.
at the following June term in Kennebec, delivered the opinion of the Court as follows.
The plaintiff in this action, having, in his cap acity of deputy sheriff, attached.property to respond the judgment'which might be recovered by Pitt Dillingham, prosecuting in the name of Josiah .Norris against John 'Howe, became answerable to Dillingham to the amount for which he might obtain judgment; not exceeding however the value of the property attached. The instrument given to the plaintiff by Plummer, to whom he delivered the property, was taken for his own security, that he might be enabled…
2Cases cited1 opinion
- Dunn v. SnellMassachusetts Supreme Judicial Court · 1819
3Cited by2 opinions
- Díaz Miró v. GarcíaSupreme Court of Puerto Rico · 1934
- Díaz Miró v. GarcíaSupreme Court of Puerto Rico · 1934