Pillsbury v. Small
Supreme Judicial Court of Maine
Exceptions from the Court of Common Pleas, Perham J. presiding. This was an action of the case against the defendant, late sheriff of the County of Penobscot, for the default of Abijah Jones, lately a deputy under the defendant, in neglecting to satisfy an execution upon goods attached by said Jones on a writ in favor of the plaintiff against Robert R. Haskins and Romulus Haskins.
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Exceptions from the Court of Common Pleas, Perham J. presiding. This was an action of the case against the defendant, late sheriff of the County of Penobscot, for the default of Abijah Jones, lately a deputy under the defendant, in neglecting to satisfy an execution upon goods attached by said Jones on a writ in favor of the plaintiff against Robert R. Haskins and Romulus Haskins. The plaintiff offered in evidence a copy of the original writ, and of the officer’s return, by which it appeared that he had attached goods and merchandize of the defendants to the value of two thousand dollars. It…
1Opinion of the Court
The opinion of the Court was delivered by
Shepley J. -
The debtors were liable to pay the judgment which the plaintiff had recovered against them, and also liable for the same amount to the officer on the receipt. The payment of one would operate as a discharge of the other. The verdict in this case cannot be evidence in a suit against them, *439and their liability will remain the same, whatever may be the result of this suit. If the plaintiff should recover, it will not be increased for they are not responsible to the defendant for the costs; and if he should fail, it will not be diminished; they…
2Cases cited1 opinion
- Blake v. ShawMassachusetts Supreme Judicial Court · 1811