Legal Opinion

Kelley v. Tarbox

Supreme Judicial Court of Maine

Decided November 14, 1906PublishedCited by 1 opinion

On exceptions by plaintiff. Sustained. Action on the case brought by the plaintiff, a judgment creditor oí one Harry L. Smith, against the defendant, sheriff of Washington county, to recover damages caused by the alleged failure of one of the defendant’s deputies to make demand, within thirty days after judgment, on an execution, for certain personal property attached by the former sheriff of said county on the original writ in the action in which the plaintiff recovered…

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On exceptions by plaintiff. Sustained. Action on the case brought by the plaintiff, a judgment creditor oí one Harry L. Smith, against the defendant, sheriff of Washington county, to recover damages caused by the alleged failure of one of the defendant’s deputies to make demand, within thirty days after judgment, on an execution, for certain personal property attached by the former sheriff of said county on the original writ in the action in which the plaintiff recovered judgment against said Smith. The term of office of the former sheriff, who made the attachment, had expired at the time the…

1Opinion of the CourtSpear, J.

This is an action in which the plaintiff, a judgment creditor of Harry L. Smith, seeks to recover of the defendant, sheriff of Washington county, for the failure of Ered P. Gilson, one of his deputies, to make a demand, within thirty days from the date of judgment,- upon an execution, for personal property attached by *122Isaac P. Longfellow, former sheriff of the county, upon the original writ, upon which said judgment and execution were obtained.

The facts show that the plaintiff on the 16th day of April, 1902, brought suit against one Harry L. Smith, returnable at the next October term of…

2Cases cited1 opinion

  1. Blake v. KimballMassachusetts Supreme Judicial Court · 1870

3Cited by1 opinion

  1. Claremont Gas Light Co. v. WoosterSupreme Court of New Hampshire · 1941

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