Eaton v. Ogier
Supreme Judicial Court of Maine
This was'an action of the case against the defendant, who was a deputy sheriff of this county, for making a false return upon a writ; and it came before the Court upon a case stated by the parties.
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This was'an action of the case against the defendant, who was a deputy sheriff of this county, for making a false return upon a writ; and it came before the Court upon a case stated by the parties. It appeared that the writ was delivered to the defendant with directions to attach sufficient property, and in want thereof to arrest the debtor and commit him to prison, unless he should offer good bail; — and the fees for such commitment were at the same time tendered to the defendant. The debtor at that time, and ever since, was destitute of any attachable property, and could lawfully have…
1Opinion of the Court
Mellen C. J.
delivered the opinion of the Court as follows. This is an action for a false return made by the defendant; in which return he stated that he had taken bail, when in fact he had not taken any. The defendant is defaulted; and the question is, what damages the plaintiff is entitled to recover.
The facts in Weld v. Bartlett, 10 Mass. 470, cited by the defendant’s counsel are precisely similar to those in the case at bar. There, nominal damages only were given, in consequence of proof admitted by the Judge who tried the cause, shewing the poverty of the debtor, and that he had not…
2Cases cited1 opinion
- Weld v. BartlettMassachusetts Supreme Judicial Court · 1813
3Cited by1 opinion
- Sheldon v. UphamSupreme Court of Rhode Island · 1884