Samuel Freeman Miller

Name: Buck v. Colbath — Opinion of the Court
Author: Samuel Freeman Miller

Summary

“Buck v. Colbath — Opinion of the Court”, is a work by Samuel Freeman Miller. It explores elements such as court, writ and process.

Quotes from Buck v. Colbath — Opinion of the Court (Samuel Freeman Miller)

Samuel Freeman Miller, Buck v. Colbath — Opinion of the Court

“ That principle is, that whenever property has been seized by an officer of the court, by virtue of its process, the property is to be considered as in the custody of the court, and under its control for the time being; and that no other court has a right to interfere with that possession, unless it be some court which may have a direct supervisory control over the court whose process has first taken possession, or some superior jurisdiction in the premises. ”

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Source: Wikisource

Samuel Freeman Miller, Buck v. Colbath — Opinion of the Court

“ It is only while the property is in possession of the court, either actually or constructively, that the court is bound, or professes to protect that possession from the process of other courts. Whenever the litigation is ended, or the possession of the officer or court is discharged, other courts are at liberty to deal with it according to the rights of the parties before them, whether those rights require them to take possession of the property or not. ”

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Source: Wikisource

Samuel Freeman Miller, Buck v. Colbath — Opinion of the Court

“ In the first class he has no discretion to use, no judgment to exercise, no duty to perform but to seize the property described. It follows from this, as a rule of law of universal application, that if the court issuing the process had jurisdiction in the case before it to issue that process, and it was a valid process when placed in the officer's hands, and that, in the execution of such process, he kept himself strictly within the mandatory clause of the process, then such writ or process is a complete protection to him, not only in the court which issued it, but in all other courts. ”

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Source: Wikisource

Samuel Freeman Miller, Buck v. Colbath — Opinion of the Court

“ The proceeding in the attachment suit did not involve the question of the title of Colbath, defendant in error, to the property attached. The whole proceeding in that court, ending as it might in a judgment for the plaintiff, an execution and sale of the property attached, and satisfaction thereby of the plaintiff's debt, may be, and in such cases usually is, carried through without once requiring the court to consider the question of title to the property. That is all the time a question between the officer, or the purchaser at his sale, on the one side, and the adverse claimant on the other. ”

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Source: Wikisource

Samuel Freeman Miller, Buck v. Colbath — Opinion of the Court

“ Those in which the officer is directed to levy the process upon property of one of the parties to the litigation, sufficient to satisfy the demand against him, without describing any specific property to be thus taken. Of this class are the writ of attachment, or other mesne process, by which property is seized before judgment to answer to such judgment when rendered, and the final process of execution, elegit, or other writ, by which an ordinary judgment is carried into effect. ”

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Source: Wikisource

Samuel Freeman Miller, Buck v. Colbath — Opinion of the Court

“ In all these particulars he is bound to exercise his own judgment, and is legally responsible to any person for the consequences of any error or mistake in its exercise to his prejudice. He is so liable to plaintiff, to defendant, or to any third person whom his erroneous action in the premises may injure. And what is more important to our present inquiry, the court can afford him no protection against the parties so injured; for the court is in no wise responsible for the manner in which he exercises that discretion which the law reposes in him, and in no one else. ”

Samuel Freeman Miller

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Quotes from Buck v. Colbath — Opinion of the Court (Samuel Freeman Miller)

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