Maine Reports; Cases Argued and Determined in the Supreme Judicial Court of Maine Volume 19

Maine Reports; Cases Argued and Determined in the Supreme Judicial Court of Maine Volume 19

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1842 edition. Excerpt: ... tenant at will of the plaintiff, and when he took possession by process of law, he terminated that tenancy. But Small had the right, with such assistance, as might be convenient or necessary, of ingress, egress, and regress for the purpose of removing his goods and personal property. Davis & al. v. Thompson, 13 Maine R. 209. The entry of the defendant with Small, in furtherance of this object, was justified. Nonsuit confirmed. The general owner of property in the hands of a bailee, may maintain replevin against an officer, who, having attached the same as the property of the bailee, puts it in the hand of a receipter, by whom it is suffered to go back into the hands of the bailee---the attachment being not thereby dissolved. But if the attachment be dissolved by the neglect of the officer to seize the goods attached within thirty days after the rendition of judgment, the property being actually in the hands of the bailee of the plaintiff, the constructive possession of the officer would be gone, and that, a well as the actual possession, would revert to the plaintiff---in which case, replevin could not be supported. THIs was an action of replevin, for a horse, gig, and harness. The writ was dated November 22d, 1838. The plea was the general issue, non cepit. The plaintiff proved that the defendant attached the property in question, as coroner, on a writ, in a suit, Levi Folsom v. Jonathan Small, Aug. 21, 1838, and took a receipt from Dexter B. Moore for the same property. He also proved that judgment was rendered in the suit, Folsom v. Small, aforesaid, Oct. 12, 1838, and execution issued same day. It also appeared, that the defendant demanded the property of the receipter aforesaid, before the expiration of thirty days after more

Product details

  • Paperback | 164 pages
  • 189 x 246 x 9mm | 304g
  • United States
  • English
  • black & white illustrations
  • 1236796632
  • 9781236796639