Emery v. Seavey
Massachusetts Supreme Judicial Court
Tort for the conversion of certain personal property attached by the defendant, a deputy of the sheriff of the county of Suffolk. Writ dated July 8, 1885. The action was brought originally in the Municipal Court of the city of Boston, and, after judgment for the plaintiff in that court, an appeal was taken to the Superior Court.
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Tort for the conversion of certain personal property attached by the defendant, a deputy of the sheriff of the county of Suffolk. Writ dated July 8, 1885. The action was brought originally in the Municipal Court of the city of Boston, and, after judgment for the plaintiff in that court, an appeal was taken to the Superior Court. Trial before Staples, J., without a jury, who reported the case for the consideration of this court, in substance as follows. ■ At the trial, it appeared that in January, 1885, one Coen, being the owner and in possession of certain goods contained in the store No. 143…
1Opinion of the CourtHolmes, J.
The goods in question were in the mortgagor’s possession, and the mortgagee was summoned by a trustee writ in the usual form. A writ in this form has been held or assumed to be sufficient, under Pub. Sts. c. 161, § 79, too often to admit of argument on general grounds. Simmons v. Woods, 144 Mass. 385. Goulding v. Hair, 133 Mass. 78, 80. Flanagan v. Cutler, 121 Mass. 96. Barnard v. Moore, 8 Allen, 273, 274. *568Brown v. Neale, 3 Allen, 74. Martin v. Bayley, 1 Allen, 381, 384. Kent v. Lee, 9 Gray, 45.
It is suggested that in this case the mortgagee (the present plaintiff) may have been misled, as he…
2Cases cited9 opinions
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- Goulding v. HairMassachusetts Supreme Judicial Court · 1882
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