David v. Larochelle

This is an action against a deputy sheriff for assault and false imprisonment and for a false return. The defendant attempts to justify under the authority of a copias issued by the First District Court of Eastern Middlesex for the arrest of the plaintiff for contempt in failing to appear to submit to an examination on supplementary process after judgment. The plaintiff in turn contends that the copias was unlawfully issued and affords no protection, because at the inception of the supplementary proceedings no summons to appear for examination had been served upon him in accordance with St.…