Purrington v. Loring
Massachusetts Supreme Judicial Court
Trespass for taking and carrying away a calf, and a chaise and harness, the property of the plaintiff. The case came before the Court upon an agreed statement of facts; from which it appears that the plaintiff’s property in the chattels taken, and the taking and carrying of them away by the defendant, are admitted ; that the defendant, being a deputy sheriff, by virtue of two several warrants of distress, issued by a justice of the peace for this county against the…
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Trespass for taking and carrying away a calf, and a chaise and harness, the property of the plaintiff. The case came before the Court upon an agreed statement of facts; from which it appears that the plaintiff’s property in the chattels taken, and the taking and carrying of them away by the defendant, are admitted ; that the defendant, being a deputy sheriff, by virtue of two several warrants of distress, issued by a justice of the peace for this county against the plaintiff, for neglect of duty as a training soldier in the militia, took the said chattels in Falmouth, where the plaintiff then…
1Opinion of the Court
The action stood continued for advisement; and now the opinion of the Court was delivered by
Parsons, C. J.
The action is trespass vi et armis, for taking and carrying away a calf, and a riding chair and harness ; and it comes before us on a case stated by the parties. The property in the plaintiff, and the taking and carrying away by the defendant, are agreed.
The justification by the defendant is, that, as a deputy sheriff, he, on warrants of distress against the plaintiff, duly issued and delivered to him to execute, took, carried away, and sold, to satisfy those war *328rants, the chattels…
2Cited by1 opinion
- Babcock v. LambNew York Supreme Court · 1823