49 Me. 319
Supreme Judicial Court of Maine
Decided July 1, 1860
Supreme Judicial Court of Maine · decided 1860-07-01
Exceptions from the ruling of Appleton, J. This was an action on the case, against the defendant, as an officer, for neglecting to attach property on the plaintiff’s writ against one Leadbetter, and was submitted to Appleton, J., presiding at Nisi Prius, reserving the right to exceptions. The direction indorsed upon the original writ was, Mr. Officer, attach suf’t,” but was not signed. The officer made no return of property attached.
Decided 1860-07-01
¶1The opinion of the Court was drawn up by
¶2The direction to the officer to attach property was sufficient. 19 Maine, 310. He having neglected to make any attachment, and the debtor having become insolvent before the judgment was recovered, it was not necessary to put the execution in his hands within thirty days, or *320to have an officer’s return that the debtor had no property. The liability has no analogy to that of the indorser of a writ. ■ Exceptions overruled.