Darling v. Dodge
Supreme Judicial Court of Maine
On Exceptions from Nisi Prius, Tenney, J., presiding. [This- case, though recently handed to the Reporter, was argued to the Court in 1850, before the passage of the Act, which disqualified a Judge from taking any part in an ultimate decision, by which any of his previous rulings or decisions in matter of law might be overruled or reversed.] Trover for a quantify of cordwood.
Read the full summary
On Exceptions from Nisi Prius, Tenney, J., presiding. [This- case, though recently handed to the Reporter, was argued to the Court in 1850, before the passage of the Act, which disqualified a Judge from taking any part in an ultimate decision, by which any of his previous rulings or decisions in matter of law might be overruled or reversed.] Trover for a quantify of cordwood. The plaintiff, an officer, attached, as the property of John Marks, “sixty cords of soft cordwood’, more or less, now laying near the eastern end of the bridge leading over McHard’sstream,” as appears by his return on…
1Opinion of the Court
Tenney, J. —
An attachment of personal property, like that in controversy, cannot be made by simply indorsing a return thereof upon the writ. It is the duty of the officer to be present at the place where it is situated, and take it into his possession, in order to justify him to make the return, that it has been attached. Where every thing is done to constitute and to show an attachment, and the property is of such a character, that it cannot be removed immediately, it may be *372left in the place where taken and the attachment will continue effectual and valid, by filing in the clerk’s office of…
2Cited by1 opinion
- Scott v. Manchester Print WorksSupreme Court of New Hampshire · 1860