Prescott v. Wright
Massachusetts Supreme Judicial Court
This was an action of traver, for the conversion of a chaise and harness, the property of the plaintiff. The parties submitted the action to the decision of the Court upon the following facts, viz.: The defendant is a constable of the town of Concord, and an execution having duly issued from the Court of Common Pleas for this county, on a judgment there rendered against the plaintiff, directed to any constable of Concord, the same was delivered to the defendant to execute,…
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This was an action of traver, for the conversion of a chaise and harness, the property of the plaintiff. The parties submitted the action to the decision of the Court upon the following facts, viz.: The defendant is a constable of the town of Concord, and an execution having duly issued from the Court of Common Pleas for this county, on a judgment there rendered against the plaintiff, directed to any constable of Concord, the same was delivered to the defendant to execute, he being by law authorized to execute it, according to the precept therein con tained. The execution was returnable to…
1Opinion of the CourtParsons, C. J.
Executions may by our law be sued and tested out of term, and by the statute of 1783, c. 57, § 1, executions issued from the Courts of Common Pleas shall be made returnable in three months, unless within that time a Court of Common Pleas shall be holden, in which case the execution must be made returnable to the next Court of Common Pleas. Agreeably to this provision, the execution mentioned in the case agreed was returnable to the next Common Pleas, expressing the time and place of nolding it.
After the time when an.execution is to be returned, it cannot be executed by taking the body, goods,…
2Cited by24 opinions
- Ward v. FellersMichigan Supreme Court · 1854
- Bondurant v. BufordSupreme Court of Alabama · 1840
- Wehle v. HavilandNew York Court of Common Pleas · 1872
- Arnold v. KellyWest Virginia Supreme Court · 1871
- Barrett v. StateWisconsin Supreme Court · 1853
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