Brady v. Royce
Massachusetts Supreme Judicial Court
Contract or tort against a constable to recover $420.55 and interest for money taken from the plaintiff under alleged unlawful attachments. Writ in the Municipal Court of the City of Boston dated September 17, 1900. On appeal to the Superior Court the case was tried before Aiken, J., without a jury. The following facts appeared in evidence: ... The defendant was a constable of the city of Boston, qualified to serve civil process.
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Contract or tort against a constable to recover $420.55 and interest for money taken from the plaintiff under alleged unlawful attachments. Writ in the Municipal Court of the City of Boston dated September 17, 1900. On appeal to the Superior Court the case was tried before Aiken, J., without a jury. The following facts appeared in evidence: ... The defendant was a constable of the city of Boston, qualified to serve civil process. Two writs were placed in his hands for service, which issued out of the Municipal Court of the City of Boston, under date of June 26,1900, and were returnable to…
1Opinion of the CourtHammond, J.
The judge before whom this case was tried without a jury may well have found upon the evidence that the first attachments were not made for the purpose of enabling the last to be made, and were abandoned simply because the plaintiff did not have in the writs the' right name of the defendant, that the last attachments were made on writs issued for the purpose of correcting the mistake, and that in all this the plaintiff and the officer acted without fraud and in good faith. If he so found, then the last attachments were valid; even if the property was not returned to the owner before they were…
2Cases cited2 opinions
- Wiggin v. AtkinsMassachusetts Supreme Judicial Court · 1884
- Choquette v. FordMassachusetts Supreme Judicial Court · 1901
3Cited by1 opinion
- Plymouth Rock Transportation Corp. v. Saltman Bros. Inc.Massachusetts District Court, Appellate Division · 1957