Mills v. Gilbreth
Supreme Judicial Court of Maine
This was an action against the defendant, as sheriff of Kennebec county, for default of his deputy, Elbridge Berry, in not safely keeping goods attached by him on a writ in favor of the plaintiffs, against one Joseph S. Lambard, in not paying over money collected on the execution against Lambard, and in not returning said execution or satisfying it on Lambard’s property, or executing it as he was bound by law to do.
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This was an action against the defendant, as sheriff of Kennebec county, for default of his deputy, Elbridge Berry, in not safely keeping goods attached by him on a writ in favor of the plaintiffs, against one Joseph S. Lambard, in not paying over money collected on the execution against Lambard, and in not returning said execution or satisfying it on Lambard’s property, or executing it as he was bound by law to do. On July 3, 1857, the plaintiffs put into Berry’s hands their writ against Lambard, on which he attached jewelry and other property, valued at $2506,69. Judgment was obtained at…
1Opinion of the Court
The opinion of the Court was drawn up by
Rice, J.
This is an action against the defendant as sheriff of Kennebec county, for default of his deputy, Elbridge Berry, for not applying on an execution in favor of the plaintiffs certain goods which Berry had attached on the original writ. The defence was, that the goods had been stolen from a safe in which Berry had deposited them, between the time of the attachment and the time when the execution was put into his hands with directions to seize and sell them on said execution. That the goods were thus lost, the evidence put into *325the case by the…
2Cases cited1 opinion
- Clark & Co. v. SpenceSupreme Court of Pennsylvania · 1840
3Cited by14 opinions
- Stewart v. . StoneNew York Court of Appeals · 1891
- Potomac Ins. Co. v. NicksonUtah Supreme Court · 1924
- Staley v. Colony Union Gin Co.Court of Appeals of Texas · 1914
- Hildebrand v. CarrollWisconsin Supreme Court · 1900
- Kafka v. LevensohnAppellate Terms of the Supreme Court of New York · 1896
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