Massachusetts Reports (Volume 31); Cases Argued and Determined in the Supreme Judicial Court of Massachusetts

Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: John A. Haven versus Prince Snow. Vher: an officer, immediately upon receiving a writ with directions to attach ce: tarn rea estate of the debtor, made a memorandum upon the writ that he attached accordingly, stating the day ind month, hut afterwards by mistake returned that he attached on the same day of the succeeding month, and in the Court of Common Pleas, at rtie return term, upon leave to amend he corrected the error, it was heli that the amendment was properly allowed, the memorandum being something to amend by. It was also held, that the amendment was effective as against another creditor who attached the same real estate between the days mentioned in the memorandum and in the return, such creditor having constructive notice of the first attachment. The same attorney having commenced both actions and directed the order of the attachments, notice to him of the first attachment was held to be notice to the subsequently attaching creditor. This was an action on the case against a deputy sheriff for neglecting to serve a writ in favor of the plaintiff against George Baxter by the attachment of his real estate, pursuant to the plaintiff's directions, by which neglect the plaintiff alleged he had lost the debt due to him from Baxter. At the trial, before Morton J., the plaintiff proved, that on the lOthof November, 1830, he caused a writ in his favor against Baxter, founded on a promissory note for 639 dollars, to be delivered to the defendant, with directions to attach certain real estate of Baxter, in Boston, and made a memorandum to that effect on the writ, and furnished ihe defendant wiih a memorandum of the lands, which are the same described in the defendant's return on the writ. The1 defendant received the writ and undertook to serve it accord ing to the di...