Heminway v. Saxton
Massachusetts Supreme Judicial Court
Trespass for breaking and entering the plaintiff’s dwelling-house, and taking and carrying away sundry articles, the property of the plaintiff, all of the value of 81 dollars, 6 cents, and for assaulting, terrifying, and falsely imprisoning the plaintiff’s wife and daughter, contra pacem, &c.
1Opinion of the Court
The defendants pleaded not guilty, and filed a brief statement pursuant to the provision of the statute of 1793, Feb. 25, c. 11, alleging that Saxton, one of the defendants, was a deputy of Ebenezer Matioon, Esq., sheriff of the county; and that, by virtue of a warrant directed to him for apprehending the plaintiff’s body, he broke and entered his.house, as it was lawful for him to do; that he took the goods mentioned by virtue of an execution to him directed against the plaintiff, which he then held, and for satisfying the same; and that the other defendants were then aiding and assisting…
2Cited by1 opinion
- Ilsley v. NicholsMassachusetts Supreme Judicial Court · 1832