Parks v. Hall
Massachusetts Supreme Judicial Court
Trespass for taking a quantity of wine and of vinegar. The defendant pleaded the general issue, and filed a brief statement, setting forth that he was the sheriff of Suffolk, and that the articles in question were the property of William Plympton and were taken by John S. Williams, a deputy of the defendant, by virtue of a writ of attachment against Plympton in favor of one Fulham.
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Trespass for taking a quantity of wine and of vinegar. The defendant pleaded the general issue, and filed a brief statement, setting forth that he was the sheriff of Suffolk, and that the articles in question were the property of William Plympton and were taken by John S. Williams, a deputy of the defendant, by virtue of a writ of attachment against Plympton in favor of one Fulham. At the trial, before Parker C. J., the writ referred to was offered in evidence by the defendant, but was objected to, on the ground that it had not been returned into the clerk’s office according to law. The clerk…
1Opinion of the Court
Wilde J.
This is an action of trespass, vi etamts, against the sheriff, for a quantity of wine and of vinegar, taken by one of his deputies on a writ of attachment against one William Plympton ; so that the general question is, whether the wine and vinegar, at the time of the taking, were the goods and chattels of the plaintiff, or of Plympton."
A previous question, however, has been argued, which, although unimportant in the decision of this cause, seems to be deserving of some consideration, as it relates to the rules of practice. It was objected at the trial that the writ against Plympton…
2Cases cited3 opinions
- Conway's Executors & Devisees v. AlexanderSupreme Court of the United States · 1812
- Nelson v. Territory of WashingtonWashington Supreme Court · 1890
- Wood v. RoachSupreme Court of Pennsylvania · 1792