Brown v. Atwell

Decided July 1, 1850

Supreme Judicial Court of Maine · decided 1850-07-01

Exceptions from the District Court, Rice, J. Assumpsit on a receipt for a vessel’s wheel, which the plaintiff, as an officer, had attached on a justice’s writ, sued upon an account annexed, wherein judgment had been recovered in the county of Lincoln, against the original defendant. The defences necessary to be here mentioned were the following : — First. There was no legal service of the writ in the original suit, in which the wheel was attached.

Cited by 1 later decisions — most recently November 1888

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1850-07-01

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Tenney, J., orally.

¶1The admission of the officer, who made the' service, cannot affect the judgment in the manner contended for by the defendants. This case is clearly distinguishable from those relied on in the argument. So far as *353the record shows, the justice had jurisdiction and the judgment was properly rendered. The defendants are bound by the judgment, until it be reversed. The defendants had no rights in the wheel, except what they derived from the officer. They are his bailees, and are not permitted to invoke the illegalities of the judgment. Whether the judgment were rightful or wrongful, or there were no judgment at all, the officer is bound, to account for the property.

¶2Exceptions overruled.