Hamberger v. Seavey
Massachusetts Supreme Judicial Court
Contract, or tort, against a deputy of the sheriff of Suffolk, for refusing to serve a replevin writ. Trial in the Superior Court, without a jury, before Hammond, J., who found for the plaintiffs, assessing nominal damages; and the defendant alleged exceptions. The facts appear in the opinion.
1Opinion of the CourtKnowlton, J.
The defendant, a deputy sheriff, was requested by the plaintiffs to commence the service of a replevin writ by seizing and appraising the property described in the writ. The plaintiffs offered to give him all reasonable directions and assistance in serving the writ, including an indemnity bond, and to give a replevin bond with sureties as soon as the appraisal was made. The defendant refused to take any steps in regard to the service until the replevin bond had first been given, and declined to take any indemnity bond.
In this refusal he was plainly in error. The plaintiffs under the statute,…
2Cases cited4 opinions
- Bond v. WardMassachusetts Supreme Judicial Court · 1810
- O'Brien v. BarryMassachusetts Supreme Judicial Court · 1871
- Russell v. WalkerMassachusetts Supreme Judicial Court · 1890
- Smith v. WhitingMassachusetts Supreme Judicial Court · 1867
3Cited by5 opinions
- Crowe v. Peaslee-Gaulbert Co.Court of Appeals for the First Circuit · 1930
- Parker v. YoungMassachusetts Supreme Judicial Court · 1905
- Steuer v. MaguireMassachusetts Supreme Judicial Court · 1903
- Commonwealth v. LennonMassachusetts Supreme Judicial Court · 1899
- Erskine v. VannahSupreme Judicial Court of Maine · 1915