Goldis v. Gately
Massachusetts Supreme Judicial Court
Tort, for assault and battery and false imprisonment. The defendant, a constable, justified under an execution by virtue of which he arrested the plaintiff. At the trial in the Superior Court, before Blodgett, J., the jury returned a verdict for the defendant ; and the plaintiff alleged exceptions. The facts appear in the opinion.
1Opinion of the CourtAllen, J.
An execution, dated July 18,1895, issued by the police court of Lowell, and returnable within sixty days, and running against the body of the plaintiff in the usual form, was, on July 24, 1895, returned by the officer into court in no part satisfied; indorsements to that effect being made upon it by the officer, and by the attorney of the judgment creditor. The clerk of the court thereupon minuted upon the back of the execution the fact of the filing of the same, and entered upon the docket record of the case “ Execution returned.” On July 31, the officer or the attorney applied to the clerk,…
2Cases cited5 opinions
- Little v. President of Newburyport BankMassachusetts Supreme Judicial Court · 1817
- Roberts v. ChurchSupreme Court of Connecticut · 1845
- James v. . GurleyNew York Court of Appeals · 1871
- Loomis v. StorrsSupreme Court of Connecticut · 1822
- Nowell v. WaittMassachusetts Supreme Judicial Court · 1877