Stiff v. Ashton
Massachusetts Supreme Judicial Court
Replevin of goods from an attaching officer. Trial in the Superior Court, before Hammond, J., who allowed the following bill of exceptions: “The defendant is an officer duly qualified to serve civil process, and who claimed a special title under an attachment on a writ, directed to him as such officer, in favor of Clarence Gr. Straight against Fred L. Stiff, a brother of the plaintiff herein.
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Replevin of goods from an attaching officer. Trial in the Superior Court, before Hammond, J., who allowed the following bill of exceptions: “The defendant is an officer duly qualified to serve civil process, and who claimed a special title under an attachment on a writ, directed to him as such officer, in favor of Clarence Gr. Straight against Fred L. Stiff, a brother of the plaintiff herein. At the trial, the defendant introduced evidence tending to show that, immediately before, and at the time when the attachment was made, the plaintiff told the officer, in the presence and hearing of the…
1Opinion of the CourtBarker, J.
The defendant seeks to justify his taking of the goods replevied, by showing that he attached them upon a writ against a third person. At the trial the plaintiff’s ownership was conceded, but it was contended that he was estopped because he had stated to the defendant, immediately before, and at the time of the attachment,, that the goods belonged to the person sued, and had not claimed them as his own until the next day. The plaintiff denied that he had made any such statement, and introduced evidence tending to show that he had. at all times claimed the property as his own. It did not…
2Cases cited7 opinions
- O'Donnell v. Inhabitants of ClintonMassachusetts Supreme Judicial Court · 1888
- White v. DugganMassachusetts Supreme Judicial Court · 1885
- Tracy v. LincolnMassachusetts Supreme Judicial Court · 1887
- Zuchtmann v. RobertsMassachusetts Supreme Judicial Court · 1871
- Nourse v. NourseMassachusetts Supreme Judicial Court · 1874
2 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- McLearn v. HillMassachusetts Supreme Judicial Court · 1931
- Allen v. Puritan Trust Co.Massachusetts Supreme Judicial Court · 1912
- Baker v. DavieMassachusetts Supreme Judicial Court · 1912
- Beacon Trust Co. v. SoutherMassachusetts Supreme Judicial Court · 1903
- Shepard & Morse Lumber Co. v. EldridgeMassachusetts Supreme Judicial Court · 1898
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