Johnson v. Reed
Massachusetts Supreme Judicial Court
Tort. The declaration alleged that the defendant, an attorney at law, on April 18, 1882, caused a writ to be issued from a police court in his favor as plaintiff, and against the present plaintiff as defendant, and a certain corporation as trustee, and upon said writ the wages for the personal labor of the plaintiff, amounting to $83, were attached in the hands of the trustee by the defendant, and the trustee was summoned to appear in said action; that the defendant, well…
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Tort. The declaration alleged that the defendant, an attorney at law, on April 18, 1882, caused a writ to be issued from a police court in his favor as plaintiff, and against the present plaintiff as defendant, and a certain corporation as trustee, and upon said writ the wages for the personal labor of the plaintiff, amounting to $83, were attached in the hands of the trustee by the defendant, and the trustee was summoned to appear in said action; that the defendant, well knowing that, at the return day of said writ, there were sufficient funds attached in the hands of the trustee to satisfy…
1Opinion of the CourtField, J.
This is not an action for malicious prosecution. It does not allege either malice or want of probable cause in the first action brought by the defendant against the plaintiff, or want of probable cause in the second action, and that action apparently was pending when the writ in the ease at bar was sued out. The plaintiff in this case impliedly admits that the defendant had a good cause of action against him, on which he brought his actions.
The plaintiff attempts to make this an action for the abuse of legal process. His complaint is, that, as in the first action brought by the defendant…
2Cases cited3 opinions
- O'Brien v. BarryMassachusetts Supreme Judicial Court · 1871
- Duffee v. CallMassachusetts Supreme Judicial Court · 1877
- Harding v. DownsMassachusetts Supreme Judicial Court · 1872
3Cited by21 opinions
- Young v. Allstate Insurance Co.Hawaii Supreme Court · 2008
- Elliott v. Warwick Stores, Inc.Massachusetts Supreme Judicial Court · 1952
- Dishaw v. WadleighAppellate Division of the Supreme Court of the State of New York · 1897
- Italian Star Line, Inc. v. United States Shipping Board Emergency Fleet Corp.Court of Appeals for the Second Circuit · 1931
- Frisbie v. MorrisSupreme Court of Connecticut · 1903
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