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Findlay Vs. Mcallister

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  • US Supreme Court
  • Jan 12, 1885

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  1. Meriwether Vs. Garrett US Supreme Court · Jan 01, 1880
  2. U.S. 104 (1885) U.S. Supreme Court Findlay v. McAllister
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  3. U.S. 104 (1885) Findlay v. McAllister
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  4. had been levied and collected, and compel its payment to the satisfaction of the judgment of the plaintiff. Meriwether v. Garrett
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  5. Attorney General v. Dublin
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  6. Bligh N.S. 312. And see Davies v. Corbin
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  7. to prevent a levy or sale by the sheriff to satisfy his judgment, is well recognized at common law. Thus, in Smith v. Tonstall
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  8. A 5, it is stated that an action will lie for rescue of a person arrested upon mesne or judicial process, citing May v. Proby
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  9. Hodges v. Marks
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  10. Mynn v. Coughton
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  11. Natura Brevium 101, 102, Reg. 117. And the action lies by the party to the suit in which the arrest was, citing Hodges v. Marks
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  12. the taking out of the sergeant's possession, he being my servant, is a taking out of mine. Trin. 15, Jac. I., Wheatley v. Stone
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  13. adjudged on a writ of error at Sergeant's Inn. But I may have action in the case as well. Trin., Jac. I., Speere v. Stone
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  14. S.C. Hobart, 180, sub nom. Wheatley v. Stone
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  15. So in Mynn v. Coughton
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  16. that there is no danger of being double charged. 3 to 7. S.C. Hutton 98, sub nom. Congham's Case. In May v. Sheriff
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  17. Coke and Doddridge is reported. The latter refers to Fitz. N.B. 102 to show that the party may sue rescuers. Hodges v. Marks
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  18. against those who did the injury to him whereby he lost his process and his means to recover his debt. S. P. Kent v. Elwis
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  19. Cro.Jac. 241. See also May v. Proby
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  20. T.R. 5, 126. In Bentley v. Donnelly
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  21. was sustained. These principles have been recognized by courts of high authority in this country. In Yates v. Joyce
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  22. Penrod v. Mitchell
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  23. the value of the goods thus withdrawn, and not the amount of the judgment on which the execution was issued. In Mott v. Danforth
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  24. of collection by fraudulently concealing and converting the debtor's goods. See also, to the same effect, Kelsey v. Murphy
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  25. Penn.St. 78. And see Meredith v. Johns
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  26. authorities cited by the counsel for the defendant in error in support of the demurrer, the principal case is Adler v. Fenton
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  27. Lamb v. Stone
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  28. Wellington v. Small
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  29. Smith v. Blake
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  30. Burnet v. Davidson
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  31. Green v. Kimble
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  32. Austin v. Barrows
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  33. Cowles v. Day
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  34. Moody v. Burton
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  35. Me. 427, and Bradley v. Fuller
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  36. U.S. Supreme Court Findlay v. McAllister
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  37. Smith v. Tonstall
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  38. May v. Proby
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  39. Jac. I., Wheatley v. Stone
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  40. Trin., Jac. I., Speere v. Stone
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  41. Wheatley v. Stone
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  42. Congham's Case. In May v. Sheriff
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  43. S. P. Kent v. Elwis
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  44. In Bentley v. Donnelly
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  45. In Yates v. Joyce
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  46. In Mott v. Danforth
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  47. Kelsey v. Murphy
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  48. Meredith v. Johns
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  49. Adler v. Fenton
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  50. and Bradley v. Fuller
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