Bailey v. Jewett

May 15, 1817
Reporters:
Per Curiam.

The plaintiff was liable to the judgment creditor, having attached the vessel, and ‍‌‌‌‌‌‌​‌‌‌​‌‌‌​‌‌‌​​‌​‌​‌‌​‌‌​​​​​​‌‌‌​​‌‌‌​‌​​​​‌‌​​​‌‌​‌​‌‌​‌​‌​‌​‌‌‌‌‌‌‌​​​​‌​‌‌​‌​​‌‌‌‌​​‌​‌‍afterwards having permitted her to be taken out of his custody. The creditor having sued out his execution, and delivered it to an officer, who within thirty ‍‌‌‌‌‌‌​‌‌‌​‌‌‌​‌‌‌​​‌​‌​‌‌​‌‌​​​​​​‌‌‌​​‌‌‌​‌​​​​‌‌​​​‌‌​‌​‌‌​‌​‌​‌​‌‌‌‌‌‌‌​​​​‌​‌‌​‌​​‌‌‌‌​​‌​‌‍days from the judgment demanded the same of the defendants, they are liable, upon their receipt, for the value of the vessel, or so much thereof as ‍‌‌‌‌‌‌​‌‌‌​‌‌‌​‌‌‌​​‌​‌​‌‌​‌‌​​​​​​‌‌‌​​‌‌‌​‌​​​​‌‌​​​‌‌​‌​‌‌​‌​‌​‌​‌‌‌‌‌‌‌​​​​‌​‌‌​‌​​‌‌‌‌​​‌​‌‍shall be sufficient to satisfy the judgment in the suit in which it was attached.

*The taking the judgment debtor on the alias execution, and committing him, has not ‍‌‌‌‌‌‌​‌‌‌​‌‌‌​‌‌‌​​‌​‌​‌‌​‌‌​​​​​​‌‌‌​​‌‌‌​‌​​​​‌‌​​​‌‌​‌​‌‌​‌​‌​‌​‌‌‌‌‌‌‌​​​​‌​‌‌​‌​​‌‌‌‌​​‌​‌‍the effect of discharging this contract. It is no satisfaction of the judgment, and the creditor had a right to try that remedy, without incurring the loss ‍‌‌‌‌‌‌​‌‌‌​‌‌‌​‌‌‌​​‌​‌​‌‌​‌‌​​​​​​‌‌‌​​‌‌‌​‌​​​​‌‌​​​‌‌​‌​‌‌​‌​‌​‌​‌‌‌‌‌‌‌​​​​‌​‌‌​‌​​‌‌‌‌​​‌​‌‍of his claims on the plaintiff arising under the original attachment.

Defendants defaulted. (1)

Notes

See 11 Mass. Rep. 317, Lyman vs. Lyman & Al.