Goodenow v. Buttrick
Massachusetts Supreme Judicial Court
Trespass for taking and carrying away the plaintiff’s horse and chaise. The parties submitted the action to the opinion of the Court upon the following case: — “The said Buttrick, on the 10th of July, 1809, was one of the coroners for -the county of Middlesex, duly qualified to serve writs and executions ; and had committed to him, to levy and serve, a writ ot execution in favor of one William.
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Trespass for taking and carrying away the plaintiff’s horse and chaise. The parties submitted the action to the opinion of the Court upon the following case: — “The said Buttrick, on the 10th of July, 1809, was one of the coroners for -the county of Middlesex, duly qualified to serve writs and executions ; and had committed to him, to levy and serve, a writ ot execution in favor of one William. Jeioall, against the plaintiff, who was a deputy sheriff, and one Ezekiel Gates, which issued on a judgment rendered in this Court April term. 1809, for the sum of 105 dollars; by virtue of which…
1Opinion of the Court
The action was continued nisi for advisement, and at the November term following, in Suffolk, the opinion of the Court was delivered by
Pabsons, C. J.
The plaintiff, to maintain his action, relies on the second section of the provincial statute of 6 G. 2, c. 2. Upon this section two points have been made by the defendant; one is, that the section is not now in force; the other is, that, if it is in force, the true construction of it will not aid the plaintiff in supporting his action.
This provincial statute was unquestionably in force, until the ratification of the present constitution, which…
2Cited by23 opinions
- Bryan v. SundbergTexas Supreme Court · 1849
- Shannon v. PeopleMichigan Supreme Court · 1858
- City of Madison v. Southern Wisconsin Railway Co.Wisconsin Supreme Court · 1914
- Estate of Pigeon v. StevensSupreme Court of Oklahoma · 1921
- Greene v. HatchMassachusetts Supreme Judicial Court · 1815
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