Legal Opinion

Beaulieu v. Clark

Massachusetts Supreme Judicial Court

Decided October 17, 1911Published

Tort against the sheriff of the county of Hampden for the alleged wrongful act of one Sullivan, a deputy of the defendant, in refusing to deliver to one Laduke, another deputy of the defendant, who held for service an execution in favor of the plaintiff, a horse which had been attached on the plaintiff’s writ as belonging to one Reid against whose property the execution was issued, whereby the plaintiff lost his attachment on the horse and all benefit of his judgment and…

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Tort against the sheriff of the county of Hampden for the alleged wrongful act of one Sullivan, a deputy of the defendant, in refusing to deliver to one Laduke, another deputy of the defendant, who held for service an execution in favor of the plaintiff, a horse which had been attached on the plaintiff’s writ as belonging to one Reid against whose property the execution was issued, whereby the plaintiff lost his attachment on the horse and all benefit of his judgment and execution. Writ dated March 19, 1910. In the Superior Court the case was tried before Pierce, J., without a jury. The facts…

1Opinion of the CourtRugg, C. J.

This case presents a novel question respecting the rights of different deputy sheriffs touching personal property attached upon several writs. It is an action against the sheriff of Hampden county. The plaintiff was the plaintiff in a writ sued out of the Police Court of Chicopee, upon which personal property of one Reid therein named as defendant was attached by a constable. Later a deputy of the defendant named Sullivan demanded from the constable the property attached for purpose of attachment upon a writ in favor of another plaintiff against the same Reid, which the constable was not…

2Cases cited6 opinions

  1. Watson v. ToddMassachusetts Supreme Judicial Court · 1809
  2. Field v. FletcherMassachusetts Supreme Judicial Court · 1906
  3. Higgins v. DrennanMassachusetts Supreme Judicial Court · 1892
  4. Thompson v. MarshMassachusetts Supreme Judicial Court · 1817
  5. Ayer v. BartlettMassachusetts Supreme Judicial Court · 1898

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