Eames v. Savage
Supreme Judicial Court of Maine
On report. The first aetion is audita querela against a judgment creditor The second action is trespass against the sheriff for the acts of his deputy, N. P. Clapp, in serving- the execution and levying the same upon the plaintiff’s property. The original writ of Sarah J. Savage v. Inhabitants of Kmb den, was dated July 12, 1882, and was to recover the amount of certain coupons, due and unpaid, cut from town of Embden bonds.
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On report. The first aetion is audita querela against a judgment creditor The second action is trespass against the sheriff for the acts of his deputy, N. P. Clapp, in serving- the execution and levying the same upon the plaintiff’s property. The original writ of Sarah J. Savage v. Inhabitants of Kmb den, was dated July 12, 1882, and was to recover the amount of certain coupons, due and unpaid, cut from town of Embden bonds. Judgment was rendered thereon on default on the third Tuesday of December, 1882. That writ was not served upon this plaintiff, but was duly served upon the town clerk.…
1Opinion of the CourtEmery, J.
The plaintiff was an inhabitant of the town of Embden, at the time Sarah J. Savage began suit, and recovered judgment against that town in this court. The execution upon that judgment was issued, and was levied upon the plaintiff’s goods, pursuant to E. S. of 1871, c. 84, § 29, now E. S., c. 84, § 30, which expressly provides that executions against towns shall be issued against the goods and chattels of the inhabitants thereof, and shall be levied upon such goods and chattels. The plaintiff, however, claims that the statute is forbidden, and made null by the last clause of § 6, of the Maine…
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