Shapira v. Walker
Massachusetts Supreme Judicial Court
Tort for the alleged conversion of personal property, brought by a mortgagee of the property against a deputy sheriff who was alleged to have attached and seized it without regard to the rights of the plaintiff. Writ in the Municipal Court of the City of Boston dated July 6, 1914. The material facts in evidence at the trial in the Municipal Coúrt are described in the opinion.
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Tort for the alleged conversion of personal property, brought by a mortgagee of the property against a deputy sheriff who was alleged to have attached and seized it without regard to the rights of the plaintiff. Writ in the Municipal Court of the City of Boston dated July 6, 1914. The material facts in evidence at the trial in the Municipal Coúrt are described in the opinion. The judge found for the plaintiff in the sum of $351.16, the full amount of the mortgage debt and interest, and at the request of the defendant reported the case to the Appellate Division. The proceedings relating to the…
1Opinion of the CourtRtjgg, C. J.
The first report of the judge of the Municipal Court of the City of Boston, who heard the case, was manifestly incomplete. It was recommitted to him by the Appellate Division. He thereupon filed a supplementary report, incorporating a so called “memorandum of decision” which was in reality a finding of the facts, together with his decision, and referring to his first report. The record as a whole now presents an adequate report. All this is in conformity to law. The Municipal Court of the City of Boston has power to make rules. St. 1912, c. 649, § 8. Its Rule 38 authorizes the Appellate…
2Cases cited9 opinions
- Swan v. Justices of Superior CourtMassachusetts Supreme Judicial Court · 1916
- Cressey v. CresseyMassachusetts Supreme Judicial Court · 1912
- Cohen v. BerkowitzMassachusetts Supreme Judicial Court · 1913
- Hanly v. DavisMassachusetts Supreme Judicial Court · 1896
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