Smith v. Keen
Supreme Judicial Court of Maine
Wiht OF ENTRY. The case came before the Court on exceptions to the rulings and instructions and refusals to instruct of Tenney J. who presided at the trial. The testimony at the trial was given in the exceptions, and copies of the writ, judgment, execution and levy in favor of John B. Smith against Benjamin Dillingham, were referred to as part of the case.
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Wiht OF ENTRY. The case came before the Court on exceptions to the rulings and instructions and refusals to instruct of Tenney J. who presided at the trial. The testimony at the trial was given in the exceptions, and copies of the writ, judgment, execution and levy in favor of John B. Smith against Benjamin Dillingham, were referred to as part of the case. The material facts are stated in the opinion of the Court; and the precise language of the material parts of the levy, to which objection was made, are given, unless it be the certificate of the justice, who administered the oath to the…
1Opinion of the Court
The opinion of the court, WhitmaN C. J. dissenting, on the ground, that an attachment made on a writ containing only the general money counts, although made prior to the st. ] 838, c. 344, could not be valid, was drawn up by
Shepuey J.
The demandant caused an attachment of the premises demanded, to be made on a writ in his favor against Benjamin Dillingham, on November 29, 1837 ; obtained judgment, and within thirty days thereafter caused an execution issued thereon to be levied on the premises on November 14, 1840.
The tenant claims the premises by virtue of a conveyance thereof made by…
2Cases cited2 opinions
- Williams v. AmoryMassachusetts Supreme Judicial Court · 1817
- Moore v. TracyNew York Supreme Court · 1831
3Cited by7 opinions
- Sweet v. MaupinSupreme Court of Missouri · 1877
- Maine v. GilmanDistrict Court, D. Maine · 1882
- Derby v. JacquesU.S. Circuit Court for the District of Massachusetts · 1860
- Avery v. BowmanSupreme Court of New Hampshire · 1860
- Harvey v. GrahamSupreme Court of New Hampshire · 1865
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