Gerrish v. Train
Massachusetts Supreme Judicial Court
Trespass de bonis asportatis. Plea, that the property of the goods, at the time of the taking, was in one Stevens, and not in the plaintiff; that the defendant was a deputy sheriff", and that he took the goods by virtue of a writ of attachment against Stevens in favor of one Shattuck. Replication, that the defendant took the goods of his own wrong, traversing the property’s being in Stevens, and concluding with a verification.
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Trespass de bonis asportatis. Plea, that the property of the goods, at the time of the taking, was in one Stevens, and not in the plaintiff; that the defendant was a deputy sheriff", and that he took the goods by virtue of a writ of attachment against Stevens in favor of one Shattuck. Replication, that the defendant took the goods of his own wrong, traversing the property’s being in Stevens, and concluding with a verification. Rejoinder, that the property was in Stevens, and concluding to the country ; and issue joined thereon. Ward C. J. of C. C. P. was of opinion, that the issue ought to…
1Opinion of the Court
Wilde J.
delivered the opinion of the Court. The first question to be considered is, whether the verdict is to be set aside for informality.
It is very clear that by the principles of the common law it cannot be sustained. The finding must be direct, and cannot be made good by inference. Thus if the defendant pleads *126solvit, and issue is thereon, verdict that the defendant owes the money is not good, for it finds only by argument quod non solvit. Com. Dig. Pleader, S, 22 ; 2 Rol. Abr. 693. So, in trespass for taking and cutting leather, the defendant justifies as a searcher of leather, &c., and…
2Cases cited4 opinions
- Sheehan v. LevyWashington Supreme Court · 1890
- Perkins v. BurbankMassachusetts Supreme Judicial Court · 1806
- Clark v. HolmesMichigan Supreme Court · 1844
- Hammitt v. Bullett's ExecutorsCourt of Appeals of Virginia · 1799