Baxter v. H.W. Tyas Company, Inc.

This is an action on the case brought under the provisions of Section 20, Chapter 351, General Laws 1923. The plaintiffs, in a suit against an employee of the defendant, attached his estate in its hands. The defendant did not file the return required by law nor did it avail itself of the provisions of Section 21, Chapter 353, and file an affidavit that it did not make a return through accident or mistake. In the present suit it filed a plea setting forth that, at the time of service of the writ in the suit against its employee, the deputy sheriff charged with the service of the writ paid it…