Beal v. Cunningham
Supreme Judicial Court of Maine
On Report from Nisi Prius. This was an action of trespass for taking what were alleged to be plaintiffs’ goods. The defendant was sheriff, and justified under an attachment against one Barker. A verdict was returned for defendant, and the plaintiffs moved to set the same aside, as being against the evidence in the case, the weight of evidence, and the law.
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On Report from Nisi Prius. This was an action of trespass for taking what were alleged to be plaintiffs’ goods. The defendant was sheriff, and justified under an attachment against one Barker. A verdict was returned for defendant, and the plaintiffs moved to set the same aside, as being against the evidence in the case, the weight of evidence, and the law. Another cause assigned was, (and the facts were certified to be correct,) that the said cause was committed to the jury, and that, by consent of parties, they were informed that they might, when agreed, seal up their verdict and separate…
1Opinion of the CourtRice, J.
The plaintiffs are merchants doing business in Boston. The goods in controversy had been delivered by them to one Ezekiel W. Barker of Newcastle, and were taken on an execution against said Barker, by a deputy of the defendant, who was sheriff of the county of Lincoln. To prove property in themselves, in the goods, the plaintiffs introduced Henry C. Leach, one of their clerks, who testified, among other things, that he was in the counting room, at the desk, when the agreement was made for the goods sued for; thinks in June, 1852, but not certain. Barker wanted the goods sent. Plaintiffs told…
2Cited by3 opinions
- Koch v. StateWisconsin Supreme Court · 1906
- Coughlin v. WeeksWashington Supreme Court · 1913
- De Blois v. DunklingSupreme Judicial Court of Maine · 1950