Supreme Judicial Court of Maine, 1850

Brown v. Atwell

Supreme Judicial Court of Maine · Decided July 1, 1850 · Orally, Tenney

31 Me. 351

Cases that cite this one

1 later published case cites this decision.

Holcomb v. C. N. Nelson Lumber Co. (Minn. 1888)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Tenney, J., orally.

The 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.

Exceptions overruled.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.