Davis v. Leary
Massachusetts Supreme Judicial Court
Tokt to recover for the alleged conversion of fifty tons of hay. Writ dated July 15, 1898. At the trial in the Superior Court, before Pierce, J., it appeared that on August 20, 1896, the plaintiff sued out a writ from the Superior Court of Essex County, against one Horace Moody, and placed it in the hands of one Ayers, a deputy sheriff, for service.
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Tokt to recover for the alleged conversion of fifty tons of hay. Writ dated July 15, 1898. At the trial in the Superior Court, before Pierce, J., it appeared that on August 20, 1896, the plaintiff sued out a writ from the Superior Court of Essex County, against one Horace Moody, and placed it in the hands of one Ayers, a deputy sheriff, for service. On the same day Ayers served the writ, and made his return thereon, concerning personal property, as follows: “ On said 20th day of August I attached all the right, title and interest that the said Horace Moody had in and to the following personal…
1Opinion of the CourtBarker, J.
1. The first contention is that the attachment of personal property was invalid because the return did not state in terms that by reason of bulk, or for some other reason, the fifty tons of hay could not be removed immediately upon being attached.
The statute does not require in terms that the return shall state why the officer proceeds under it. Pub. Sts. c. 161, § 69. See Gen. Sts. c. 123, § 57; Rev. Sts. c. 90, §§ 33-35. The earliest case involving the validity of such an attachment was one holding such an attachment of cord wood and charcoal to be good, although the return had no statement…
2Cases cited3 opinions
- Webster v. CoffinMassachusetts Supreme Judicial Court · 1817
- Kennedy v. CommonwealthCourt of Appeals of Kentucky · 1859
- Blake v. KimballMassachusetts Supreme Judicial Court · 1870
3Cited by2 opinions
- Tsomides v. TsomidesMassachusetts Appeals Court · 1975
- McLearn v. StevensMassachusetts Supreme Judicial Court · 1947