Cheshire National Bank v. Jewett
Massachusetts Supreme Judicial Court
Contract. Writ dated September 20, 1873. The case was submitted to the Superior Court, and, after judgment for the defendant, to this court, on appeal, on an agreed statement of facts in substance as follows : It appeared by the officer’s return that on September 20,1873, he attached all the tobacco then hanging in the barns on the premises occupied by the defendant, namely, the crop of 1873, and on September 22, 1873, deposited an attested copy of the writ, without the…
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Contract. Writ dated September 20, 1873. The case was submitted to the Superior Court, and, after judgment for the defendant, to this court, on appeal, on an agreed statement of facts in substance as follows : It appeared by the officer’s return that on September 20,1873, he attached all the tobacco then hanging in the barns on the premises occupied by the defendant, namely, the crop of 1873, and on September 22, 1873, deposited an attested copy of the writ, without the declaration, and of his return thereon, in the office of the clerk of the town of Deerfield. On June 6, 1874, the defendant…
1Opinion of the CourtColt, J.
The defendant contends, upon the facts agreed, that there is no valid subsisting attachment of personal property, against which, since the bankruptcy of the original defendant, a special judgment can now be rendered; first, because, the property taken on the writ was, from its nature and situation, exempt *244from attachment, next, because the mode adopted by the offices in this case did not constitute a valid attachment; and, lastly, because the lien, if any, thereby created, has been since lost by the neglect or misconduct of the attaching officer.
The property attached was tobacco stored in…
2Cases cited3 opinions
- Bond v. WardMassachusetts Supreme Judicial Court · 1810
- Penhallow v. DwightMassachusetts Supreme Judicial Court · 1810
- Campbell v. JohnsonMassachusetts Supreme Judicial Court · 1814
3Cited by4 opinions
- Miller v. LondonMassachusetts Supreme Judicial Court · 1936
- Higgins v. DrennanMassachusetts Supreme Judicial Court · 1892
- Plaisted v. HairMassachusetts Supreme Judicial Court · 1889
- McLearn v. StevensMassachusetts Supreme Judicial Court · 1947