Berry v. Staples

Supreme Judicial Court of Maine

Berry v. Staples

33 Me. 494

Supreme Judicial Court of Maine·Decided July 1, 1851·Published

Opinion

Shepley, C. J., orally.

— The R. S. chap. 104, sect. 34, provide, that “ a constable shall have authority to serve any writ or precept, in any personal action, where the damage sued [495]*495for and demanded shall not exceed one hundred dollars.” An execution is embraced within the term “precept.” This appears from sect. 35 which prescribes, that before serving any “ writ or execution,” the constable shall give bond. He may therefore serve an execution wherein the damage recovered was not more than $100, although if the cost be added, the amount to be collected shall be more than that sum, and such has always been the understanding of the profession.

Exceptions overruled.

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Shepley, C. J., orally.

— The R. S. chap. 104, sect. 34, provide, that “ a constable shall have authority to serve any writ or precept, in any personal action, where the damage sued [495]*495for and demanded shall not exceed one hundred dollars.” An execution is embraced within the term “precept.” This appears from sect. 35 which prescribes, that before serving any “ writ or execution,” the constable shall give bond. He may therefore serve an execution wherein the damage recovered was not more than $100, although if the cost be added, the amount to be collected shall be more than that sum, and such has always been the understanding of the profession.

Exceptions overruled.

Berry v. Staples, 33 Me. 494 (Me. 1851).

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