Clark v. Parkinson
Massachusetts Supreme Judicial Court
Petition by a deputy sheriff for an attachment for contempt against the respondents, for resisting the service of a writ of possession issued by this court and committed to the petitioner for service.
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Petition by a deputy sheriff for an attachment for contempt against the respondents, for resisting the service of a writ of possession issued by this court and committed to the petitioner for service. At the hearing in this court, before Hoar, J., notice having been given to the respondents, it appeared that the suit in which the writ of possession issued was brought against a widow who, at the time of the commencement thereof, was in actual occupation of the premises, her son and daughter living with her and claiming title to the premises under their father. The son, who was one of the…
1Opinion of the CourtHoar, J.
The court are of opinion that an attachment for contempt should not be granted; because an officer, serving a writ of possession, has no authority by his precept to remove from the land described therein any person who is not a defendant in the suit in which the writ issued, nor holding under a defendant, and who was in occupation of the land at the time the suit was commenced, claiming by a title independent of the defendant. The writ of possession is the result or fruit of a judgment; and the judgment is the legal determination of the rights of those only who are parties or privies to it.…
2Cases cited1 opinion
- Frame v. SmithCourt of Appeals of Kentucky · 1824
3Cited by1 opinion
- McDonald v. KelsonSupreme Court of Kansas · 1908