Pierce v. Strickland
U.S. Circuit Court for the District of Maine
Case by the plaintiffs [Peter H. Pierce and others] against the defendant [Hastings Strickland], a deputy sheriff of the county of Penobscot, Maine, for an official neglect and misfeasance in not satisfying an execution in favor of the plaintiffs against one Dwight Allen, out of certain goods, which had been attached upon the mesne process in the same suit. The original declaration contained various counts. The first was for not safely keeping the goods.
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Case by the plaintiffs [Peter H. Pierce and others] against the defendant [Hastings Strickland], a deputy sheriff of the county of Penobscot, Maine, for an official neglect and misfeasance in not satisfying an execution in favor of the plaintiffs against one Dwight Allen, out of certain goods, which had been attached upon the mesne process in the same suit. The original declaration contained various counts. The first was for not safely keeping the goods. The second for falsely and fraudulently altering the return upon the original writ as to the value of the goods. The third w.as for falsely…
1Opinion of the Court
STORY, Circuit Justice.
In the present case, the property in controversy was attached upon the original writ, and consisted of all the goods in the store of the judgment debtor, Dwight Allen; and at the time when the attachment was made they were estimated in the gross to be of the value of 57,000, and were receipted for to the officer, with the approval of the plaintiff’s attorney, by Messrs Appleton and Hill accordingly; and the officer made due return thereof, as of the value of $7,000 upon the writ. After-wards, upon a discovery, that the value of the goods had been greatly mistaken, and…
2Cited by8 opinions
- Moulton v. BowkerMassachusetts Supreme Judicial Court · 1874
- Levy, Simon & Co. v. BrownMississippi Supreme Court · 1878
- Bryant v. OsgoodSupreme Court of New Hampshire · 1872
- Miller v. MosesSupreme Judicial Court of Maine · 1868
- C. V. Fornes & Co. v. Wright, Baldwin & HaldaneSupreme Court of Iowa · 1894
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