O'Brien v. Barry
Massachusetts Supreme Judicial Court
Tort. Writ dated February 14,1868. The first count of the declaration alleged that while the plaintiffs were in occupation of a house in Brighton, and the male plaintiff was owner of certain furniture, including the only stove therein, the defendant, wrongfully and maliciously contriving and intending to injure the plaintiffs and knowing that the female plaintiff was quick with child, sued out against the male plaintiff a writ of replevin of the furniture, not having any…
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Tort. Writ dated February 14,1868. The first count of the declaration alleged that while the plaintiffs were in occupation of a house in Brighton, and the male plaintiff was owner of certain furniture, including the only stove therein, the defendant, wrongfully and maliciously contriving and intending to injure the plaintiffs and knowing that the female plaintiff was quick with child, sued out against the male plaintiff a writ of replevin of the furniture, not having any right thereto, committed the writ to Benjamin Fobes, a constable of Brighton, and directed him forthwith to take the…
1Opinion of the CourtMorton, J.
At the trial, the plaintiffs offered to prove, in substance, the following facts: That the defendant maliciously and without probable cause, having no title to the goods replevied, sued out a writ of replevin against the male plaintiff, and caused the officer to replevy and remove the furniture of the plaintiffs ; that he did this for the purpose of injuring the female plaintiff; and that she was thereby greatly injured. It was admitted that the replevin suit was pending at the time this action was commenced. The question is, whether upon these facts, if proved, this action can be maintained.
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2Cases cited1 opinion
- Southworth v. PackardMassachusetts Supreme Judicial Court · 1810
3Cited by13 opinions
- Wood v. GravesMassachusetts Supreme Judicial Court · 1887
- Johnson v. ReedMassachusetts Supreme Judicial Court · 1884
- Bannon v. AugerMassachusetts Supreme Judicial Court · 1928
- Docter v. RiedelWisconsin Supreme Court · 1897
- Friel v. PlumerSupreme Court of New Hampshire · 1898
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