Haynes v. Small
Supreme Judicial Court of Maine
Exceptions from the Eastern District Court, Chandler J. presiding. Case against Small, as sheriff of the county, for the default of J. H. Shaw in neglecting to keep and for refusing to deliver over certain broadcloths, by him attached on the writ, to be taken on the execution.
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Exceptions from the Eastern District Court, Chandler J. presiding. Case against Small, as sheriff of the county, for the default of J. H. Shaw in neglecting to keep and for refusing to deliver over certain broadcloths, by him attached on the writ, to be taken on the execution. Shaw had in his hands for service a writ in favor of the plaintiff against G. W. Morse & al. on which he returned, “ I have attached one hundred and seventy-five yards of broadcloth, "the property of the within named defendants.” Judgment was rendered in the action, the debt being about $280; an execution was issued…
1Opinion of the Court
*16The opinion of the Court, Shepley J. taking no part in the decision, having been employed in trying jury cases at the time of the argument, was by
Whitman C. J.
— Nothing is better settled than that an officer, making a return of his doings upon a writ, is not allowed to gainsay the truth of it. In the case set forth in the plaintiff’s writ, one Shaw, a deputy of the defendant, who was sheriff of Penobscot, is alleged to have returned on a writ, in favor of the plaintiff and against Morse & al. that he had attached one hundred and seventy-five yards of broadcloth. The defendant proposes to…
2Cited by6 opinions
- City of Chicago v. GageIllinois Supreme Court · 1880
- Splahn v. GillespieIndiana Supreme Court · 1874
- Governor v. BancroftSupreme Court of Alabama · 1849
- Bryant v. OsgoodSupreme Court of New Hampshire · 1872
- Manhattan Shirt Company v. MooreCourt of Appeals of Texas · 1964
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