Bradley v. Beetle
Massachusetts Supreme Judicial Court
Tort, for an assault and false imprisonment. Trial in the Superior Court before Hammond, J., who ordered a verdict for the defendant, and reported the case for the determination of this court, in substance as follows. The plaintiff was arrested on an execution, dated October 11, 1887, and issued upon a judgment rendered against him in favor of the defendant. The affidavit required by the Pub.
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Tort, for an assault and false imprisonment. Trial in the Superior Court before Hammond, J., who ordered a verdict for the defendant, and reported the case for the determination of this court, in substance as follows. The plaintiff was arrested on an execution, dated October 11, 1887, and issued upon a judgment rendered against him in favor of the defendant. The affidavit required by the Pub. Sts. c. 162, § 17, charged that the plaintiff had property not exempted from being taken on execution, which he did not intend to apply to the payment of the defendant’s claim. The citation required by…
1Opinion of the CourtField, C. J.
It is unnecessary to decide whether, in the proceedings on habeas corpus, the parties were in any proper sense the same as in the present action. See Commonwealth v. Briggs, 16 Pick. 203. At common law, a final judgment remanding the prisoner in proceedings on habeas corpus is not a bar to a subsequent application for another writ of habeas corpus. Ex parte Partington, 13 M. & W. 679. Cox v. Hakes, 15 App. Cas. 506,
The Pub. Sts. c. 185, § 26, provide that “ no person who has been discharged upon a habeas corpus shall be again imprisoned or restrained for the same cause, unless,” etc.…
2Cases cited5 opinions
- Tarble's CaseSupreme Court of the United States · 1872
- People Ex Rel. Lawrence v. . BradyNew York Court of Appeals · 1874
- In re RingCalifornia Supreme Court · 1865
- McConologue's caseMassachusetts Supreme Judicial Court · 1871
- In re PerkinsCalifornia Supreme Court · 1852
3Cited by9 opinions
- State ex rel. Jackson v. KennieMontana Supreme Court · 1900
- King v. McLean Asylum of the Massachusetts General HospitalCourt of Appeals for the First Circuit · 1894
- Rogers v. Superior Court of S.F.California Supreme Court · 1904
- In re TurnerSupreme Court of Vermont · 1918
- Shapley v. CohoonDistrict Court, D. Massachusetts · 1918
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