Legal Opinion

Robinson v. Ensign

Massachusetts Supreme Judicial Court

Decided September 15, 1856Published

Action op tort against the sheriff of this county, by one of his deputies, for the taking and conversion, by another of his deputies, of iron held under attachment by the plaintiff. Trial in the court of common pleas, before Byington, J., to whose rulings the defendant alleged exceptions. The facts are stated in the opinion.

1Opinion of the CourtDewey, J.

The plaintiff seeks to recover damages in an action of tort for the wrongful conversion of certain iron described in his writ.

He clearly had a special property in the same, under the finding of the jury, which would authorize the maintaining of an action against the proper party. His special property is shown by the facts, that he had, as a deputy sheriff, attached the iron on a writ in favor of the Western Railroad Corporation against the Cheshire Iron Works, and placed the same under a keeper to take the charge thereof on his behalf; and that, while thus in his possession under such…

2Cases cited6 opinions

  1. Burlingame v. BellMassachusetts Supreme Judicial Court · 1820
  2. Perley v. FosterMassachusetts Supreme Judicial Court · 1812
  3. Vinton v. BradfordMassachusetts Supreme Judicial Court · 1816
  4. Draper v. ArnoldMassachusetts Supreme Judicial Court · 1815
  5. Jewett v. JewettMassachusetts Supreme Judicial Court · 1809

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