Richardson v. Butterfield
Massachusetts Supreme Judicial Court
This was an action of replevin for certain articles of personal property mentioned in the writ The defendant, admitting the taking and detention, property in the plaintiff, and his right to nominal damages if he was entitled to recover, justified the taking, &c., on the ground, that the plaintiff was one of the proprietors of the First Freewill Baptist meeting-house in Lowell, a corporation established by law; that the defendant, as a deputy-sheriff, had in his hands, for…
Read the full summary
This was an action of replevin for certain articles of personal property mentioned in the writ The defendant, admitting the taking and detention, property in the plaintiff, and his right to nominal damages if he was entitled to recover, justified the taking, &c., on the ground, that the plaintiff was one of the proprietors of the First Freewill Baptist meeting-house in Lowell, a corporation established by law; that the defendant, as a deputy-sheriff, had in his hands, for service, several executions against the said proprietors ; and that he took the articles in question, being the property…
1Opinion of the CourtDewey, J.
The articles of personal property which are the subject of the present action, were taken by the defendant, as a deputy-sheriff, to satisfy an execution against “ the proprietors of the First Freewill Baptist meeting-house in Lowell, a corporation which was created as a religious society, as has already been held by this court, in a case involving the character of their charter. The defendant justifies the taking of this property, upon the ground that the plaintiff was a member of this religious society, and his property liable to be seized on an execution against the corporate body.
This case…
2Cases cited1 opinion
- Inhabitants of Brewer v. Inhabitants of New GloucesterMassachusetts Supreme Judicial Court · 1817
3Cited by2 opinions
- Neal v. City of BostonMassachusetts Supreme Judicial Court · 1894
- Hopcraft v. KittredgeMassachusetts Supreme Judicial Court · 1894