Simmons v. Richards
Massachusetts Supreme Judicial Court
Tort, against a deputy sheriff, for making a false return upon an execution against one Underwood and others, in favor of one Kellogg. At the trial in the Superior Court, before Braley, J., it appeared that Underwood was arrested by the defendant on the execution and the plaintiff recognized for his appearance, and that Underwood defaulted, and a judgment was obtained against the plaintiff upon the recognizance.
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Tort, against a deputy sheriff, for making a false return upon an execution against one Underwood and others, in favor of one Kellogg. At the trial in the Superior Court, before Braley, J., it appeared that Underwood was arrested by the defendant on the execution and the plaintiff recognized for his appearance, and that Underwood defaulted, and a judgment was obtained against the plaintiff upon the recognizance. The defendant requested the judge to rule that, upon all the evidence, the plaintiff was not entitled to recover; the judge refused so to rule, and, the jury having returned a verdict…
1Opinion of the CourtAllen, J.
An arrest may be made without actually touching the person. It is enough if the party is within the power of the officer, and submits to the arrest. Mowry v. Chase, 100 Mass. 79, 85. The evidence in the present Case was sufficient to warrant the finding of an arrest on June 14. There was testimony that the defendant went to Underwood’s house in the evening, said he had an execution for his arrest, showed it to him, asked him what he was going to do, said he would have to take him to *282jail, and told him that he had an assistant in attendance whom he could leave with him that night; that the…
2Cases cited9 opinions
- Bean v. ParkerMassachusetts Supreme Judicial Court · 1822
- Mowry v. ChaseMassachusetts Supreme Judicial Court · 1868
- Stewart v. GriswoldMassachusetts Supreme Judicial Court · 1883
- Baker v. BakerMassachusetts Supreme Judicial Court · 1878
- Lane v. HolmanMassachusetts Supreme Judicial Court · 1887
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Commonwealth v. GormanMassachusetts Supreme Judicial Court · 1934
- United Drug Co. v. CordleyMassachusetts Supreme Judicial Court · 1921
- Commonwealth v. GangiMassachusetts Supreme Judicial Court · 1923
- Thompson v. Boston Publishing Co.Massachusetts Supreme Judicial Court · 1934
- Union Savings Bank v. CameronMassachusetts Supreme Judicial Court · 1946
1 more not listed; retrieve them via the Exa API.