Chapin v. Kingsbury
Massachusetts Supreme Judicial Court
Replevin of three cows, ten tons of hay, and a wagon, attached by the defendant, a deputy sheriff, on a writ against the plaintiff’s husband.
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Replevin of three cows, ten tons of hay, and a wagon, attached by the defendant, a deputy sheriff, on a writ against the plaintiff’s husband. After the former decision, reported 135 Mass. 580, the case was tried in the Superior Court, before Rockwell, J., who allowed a bill of exceptions, in substance as follows: The debt for which the property was attached was contracted by the plaintiff’s husband in 1876. The plaintiff was the owner of a farm in Granby, and the articles attached were upon the farm, and were used in carrying it on. The plaintiff offered evidence tending to show that, on…
1Opinion of the CourtMorton, C. J.
The principal difficulty in this case is in determining what is the proper construction of the bill of exceptions. It states that there was evidence tending to show that the certificate made by the plaintiff “ was filed in the town clerk’s office in said Granby, on August 21,1879,” and that “said certificate remained on file in said town clerk’s office ” for some time which was not definitely fixed. If this were all, it would import a due and legal filing by the plaintiff; and such filing *196would protect her property from attachment by her husband’s creditors. The fact that the town clerk,…
2Cases cited3 opinions
- Chapin v. KingsburyMassachusetts Supreme Judicial Court · 1883
- Fuller v. CunninghamMassachusetts Supreme Judicial Court · 1870
- Barber v. FloydMassachusetts Supreme Judicial Court · 1871
3Cited by5 opinions
- Gorski's CaseMassachusetts Supreme Judicial Court · 1917
- Radway v. Selectmen of DennisMassachusetts Supreme Judicial Court · 1929
- Parsons v. HenryMassachusetts Supreme Judicial Court · 1908
- Jacobs v. DenisonMassachusetts Supreme Judicial Court · 1886
- Remmer v. GouldMassachusetts District Court, Appellate Division · 1940