Bailey v. Jewett

Property was attached on mesne process, and delivered to keepers, on their receipt and promise to redeliver the same to the officer on demand. On issuing execution, and within thirty days from the judgment, the officer demanded the property without effect. Ón an alias execution, the judgment debtor was committed and discharged, upon taking the poor debtors oath. The keepers were still held liable to the officer on their contract

This was a special action on an accountable receipt, given by the defendants to the plaintiff, then a deputy sheriff. The cause was submitted to the decision of the Court upon certain facts agreed, in substance as follows: One Augustus Patrono, commenced a suit against the defendant William Jewett, in which the plaintiff, by * direction of the creditor, attached a vessel, of which the said William was a part owner. The plaintiff retained possession of the vessel a few days, and then delivered her to the defendants, taking the receipt therefor, with a promise to deliver the same to him on demand. The vessel was afterwards sent to sea and was lost. Patrono recovered judgment in his said suit, and delivered his execution to one Swett, then a deputy sheriff, for service, the plaintiff having before that time gone out of office. Swett demanded and received the said receipt from the plaintiff, and on the same day applied to the defendants with it, and demanded of them the said brig, that he might levy the execution thereon. All this was done within the thirty days from the said'judgment. Swett returned the execution unsatisfied. Afterwards Patrono sued an alias execution upon his said judgment, upon which the said William was committed to prison, from which he afterwards obtained a discharge by taking the poor debtor’s oath. Judgment was to be entered in the action, upon the default of the defendants or the nonsuit of the plaintiff, as the opinion of the Coutt should be upon the facts stated.