Jewett v. Greene
Supreme Judicial Court of Maine
This cause came up by exceptions filed by the plaintiff to the opinion of Ruggles J. iu the court below. It was an action of the case against the late sheriff of the county of Lincoln, for the default of his deputy in not serving nor returning an execution, issued on a judgment recovered in the Common Pleas in this county. The defendant pleaded the general issue, and the statute of limitations applicable to actions against sheriffs for this cause.
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This cause came up by exceptions filed by the plaintiff to the opinion of Ruggles J. iu the court below. It was an action of the case against the late sheriff of the county of Lincoln, for the default of his deputy in not serving nor returning an execution, issued on a judgment recovered in the Common Pleas in this county. The defendant pleaded the general issue, and the statute of limitations applicable to actions against sheriffs for this cause. The plaintiff replied that a prior action had been commenced within the four years mentioned in the plea; and that the writ was sent to an officer…
1Opinion of the Court
The opinion of the Court was delivered at the ensuing term in Penobscot, by
Parris J.
The statute having been pleaded in bar' it is incumbent on the plaintiff to remove the bar. He contends that his case comes within the class of cases provided for in the 11th section of our limitation act. If so, and lie has shown that the first writ failed of a sufficient service by unavoidable accident he is entitled to judgment. We will first consider the proof of accident. If the plaintiff relies upon accident arising from irregularity or miscarriage of the mail, he must shew that his letter was put into…
2Cited by1 opinion
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