Otis v. Watkins
Supreme Court of the United States
ERROR to tlie Supreme Judicial Court of the eonxmenvvealth of Massachusetts, under the 25th section of the judiciary law of the United States, yol. 1, p. 63, in an action of trespass by Watkins against Otis, a depa ty collector for the district of Barnstable, for taking, carrying away and destroying the Plaintiff’s schooner Friendship and her cargo of cod-fish.
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ERROR to tlie Supreme Judicial Court of the eonxmenvvealth of Massachusetts, under the 25th section of the judiciary law of the United States, yol. 1, p. 63, in an action of trespass by Watkins against Otis, a depa ty collector for the district of Barnstable, for taking, carrying away and destroying the Plaintiff’s schooner Friendship and her cargo of cod-fish. The Defendant pleadéd that he was a deputy collector for the district of Barnstable; that by the 11th section the act of congress of the %bih of April, 1808, (vol. 9, p. 150J it is enacted, « that the collectors of the customs “ be,…
1Opinion of the CourtLivingston, J.
delivered the opinión of the Court as follows:
This is an action of trespass* brought in the Supreme Judicial Court of the commonwealth of Massachusetts, for taking, carrying away alyl destroying a certain schooner called the Friendship, witlrher carao, belonging to the Plaintiff below.
The declaration is in common form. The Defendant pleaded that, as deputy collector for the" district of Barnstable, he detained and removed from the. port and harbor of Provincetown to the port and harbor of Barnstable, the said vessel and cargó, that they might be ¡gecurely kept; the said schooner, and. car^o,…
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