Aylwin v. Ulmer
Massachusetts Supreme Judicial Court
Error to the Circuit Court of Common Pleas holden in this county. The original action was in case against the defendant, late sheriff of the county of Hancock, for a false return upon an exe [* £3 ] cution.
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Error to the Circuit Court of Common Pleas holden in this county. The original action was in case against the defendant, late sheriff of the county of Hancock, for a false return upon an exe [* £3 ] cution. The declaration alleged, that the plaintiff, * Aylwin, having obtained a judgment against one Richard Jaques, for $ 66.51 damages, and $ 10.57 cost, sued out an execution thereon, returnable to the Common Pleas, April term, 1812 ; which execution was in due season delivered to the defendant, then sheriff, for service ; that he returned the same unsatisfied, when, in fact, he had levied…
1Per curiam
The evidence offered at the trial, as it appears by the bill of exceptions, was sufficient for the jury to have founded a presumption upon, that the property, acknowledged by the defendant to be in his possession, was received by him in virtue of the execution which he once had in his hands. It was not, indeed, conclusive evidence of that fact, and it might not have satisfied the jury ; but, as it was matter for their consideration, they ought to have had opportunity to weigh it.
Now the charge of the Chief Justice of the Common Pleas was calculated to make the jury understand that the…
2Cited by5 opinions
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