Lovejoy v. Hutchins
Supreme Judicial Court of Maine
This . was an action on the case against the defendant, as late sheriff of the county of Hancock, for the alleged default of Sevvall Lake, in not keeping logs attached by him, on a writ in favor of the plaintiff against Greene & Welch, to be taken on the execution issued on the judgment. A copy of the officer’s return follows. “Hancock, ss.
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This . was an action on the case against the defendant, as late sheriff of the county of Hancock, for the alleged default of Sevvall Lake, in not keeping logs attached by him, on a writ in favor of the plaintiff against Greene & Welch, to be taken on the execution issued on the judgment. A copy of the officer’s return follows. “Hancock, ss. April 29, 1837. By virtue of this writ, at the risk of the plaintiff, I have attached all the right, title and interest that the defendants had in a lot of pine and spruce logs, lying in Brewer pond, marked thus, M, (the same having been attached by me on…
1Opinion of the Court
The opinion of the Court was drawn up by
Whitman C. J.
It does not appear to be controverted, that the property attached by Lake, the defendant’s deputy, was the debtor’s as whose he attached it. And there does not seem to be any question as to the rendition of judgment in the case, in which the attachment was made; nor of the due issuing of the execution thereon; nor of the seasonableness of the demand upon Lake and the defendant, by virtue thereof, of the property attached to be levied upon.
The counsel for the defendant, at the trial, would seem to have placed his defence upon two grounds;…
2Cited by2 opinions
- Claremont Gas Light Co. v. WoosterSupreme Court of New Hampshire · 1941
- Phillips v. EggertWisconsin Supreme Court · 1911