Allen v. Wright
Massachusetts Supreme Judicial Court
The eirst case was an action of tort against the sheriff of Bristol for the acts of his deputy, Thomas S. Butman, in attaching and keeping possession of the plaintiff’s goods. At the trial in the Superior Court, before Brigham, C. J., the jury returned a verdict for the defendant; and the plaintiff alleged exceptions. The facts, so far as material to the point decided, appear in the opinion. The second case was an action of replevin of certain personal property.
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The eirst case was an action of tort against the sheriff of Bristol for the acts of his deputy, Thomas S. Butman, in attaching and keeping possession of the plaintiff’s goods. At the trial in the Superior Court, before Brigham, C. J., the jury returned a verdict for the defendant; and the plaintiff alleged exceptions. The facts, so far as material to the point decided, appear in the opinion. The second case was an action of replevin of certain personal property. The defendant, a deputy sheriff, justified under the same attachment which was the subject of the first case. At the trial in the…
1Opinion of the CourtMorton, C. J.
In the first case, we are of opinion that the ruling of the Superior Court, that the second attachment made by the defendant’s deputy was valid, was erroneous. This attachment was made on January 31, 1881, upon a trustee process, in which Joseph D. Allen, the mortgagee of the goods attached, was summoned as trustee; he was described as “of Little Compton in the State of Rhode Island, mortgagee of said Jesse Allen.” There was no allegation that he had a usual place of business in this Commonwealth.
The statute provides that “ personal property of a debtor subject to a mortgage, and being in the…
2Cases cited4 opinions
- Tingley v. BatemanMassachusetts Supreme Judicial Court · 1813
- Bell v. Western River Imp. & Wrecking Co.Court of Appeals of Kentucky · 1861
- Boynton v. WarrenMassachusetts Supreme Judicial Court · 1868
- Porter v. WarrenMassachusetts Supreme Judicial Court · 1876
3Cited by5 opinions
- Chicago & Northwestern Railway Co. v. Alvin R. Durham Co.Supreme Court of the United States · 1926
- Allen v. ButmanMassachusetts Supreme Judicial Court · 1885
- McCabe v. MaguireMassachusetts Supreme Judicial Court · 1902
- Simmons v. WoodsMassachusetts Supreme Judicial Court · 1887
- Allen v. WrightMassachusetts Supreme Judicial Court · 1884