Campbell v. Johnson
Massachusetts Supreme Judicial Court
The defendants, Thomas Johnson, Edmund Merrill, and William Merrill, were attached to answer to the plaintiff in a plea of trespass for taking and carrying away eight tons of hay, the property of the plaintiff.
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The defendants, Thomas Johnson, Edmund Merrill, and William Merrill, were attached to answer to the plaintiff in a plea of trespass for taking and carrying away eight tons of hay, the property of the plaintiff. The following facts were stated in a case agreed by the parties for the opinion of the Court: —■ The said Edmund and William Merrill, on the 12th of January, 1813, sued out against the now plaintiff, who was indebted to them, two several writs of attachment, returnable before a justice of the peace for the county of Cumberland, * and [ * 185 ] delivered the same to said Johnson, then…
1Opinion of the CourtSewall, C. J.
According to the state of facts referred to us, the controversy between these parties depends upon [ * 186 ] * the question, whether hay in a barn is liable to be attached upon mesne process in a civil action. If it is liable, the removal of it, and some loss and expense necessarily incurred in serving the process, although to be lamented as prejudicial to the owner, seem to be unavoidable, until the legislature provide some other remedy to secure a lien by attachment, or the benefit thereby intended for the creditor, than the removal or actual custody of the articles attached.
The plaintiff,…
2Cited by3 opinions
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- Cheshire National Bank v. JewettMassachusetts Supreme Judicial Court · 1876