Turner v. Austin
Massachusetts Supreme Judicial Court
This was an action of the case against the defendant, as sheriff of this county, for the default of himself and his deputy, Isaac Train; and it was tried on the general issue, before Jackson, J., at the sittings here after the last October term.
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This was an action of the case against the defendant, as sheriff of this county, for the default of himself and his deputy, Isaac Train; and it was tried on the general issue, before Jackson, J., at the sittings here after the last October term. The plaintiff had sued out a writ against one Calvin Turner, to recover a certain debt due to the plaintiff, and delivered it to the defendant to be served, with directions to attach a certain vessel then on the stocks, which was the property of the said Calvin. The defendant went immediately to the vessel, and found it had been previously attached by…
1Opinion of the CourtParker, C. J.
We are of opinion that Train, the deputy of the defendant, being released by him, to whom alone he would be directly accountable in consequence of a verdict in the action for the plaintiff, was a competent witness ; although undoubtedly standing in a very questionable point of light as to credit, as was suggested to the jury by the judge who sat in the trial.
We are then to consider the fact to have been legally proved, that before the plaintiff’s writ was tendered to the deputy for ser*158vice, he had made two attachments of the vessel; and it appears Jiat the judgments, recovered in the two…
2Cited by12 opinions
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- Hollister v. GoodaleSupreme Court of Connecticut · 1831
- Leverett v. HarrisMassachusetts Supreme Judicial Court · 1811
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