Allen v. Wright
Massachusetts Supreme Judicial Court
Tort against the sheriff of Bristol for the acts of his deputy, in attaching and keeping possession of the plaintiff’s goods. After the former decision, reported 134 Mass. 347, the case was tried in the Superior Court, before Pitman, J. The jury returned a verdict for the plaintiff; and the defendant alleged exceptions, which appear in the opinion.
1Opinion of the CourtMorton, C. J.
When this case was before us last year, it was held that the attachment made on January 31, 1881, was invalid, because it was an attempt to attach by trustee process mortgaged goods in the possession of the mortgagor, when the mortgagee, summoned as a trustee, was not a resident of, and had no place of business in, this Commonwealth. Allen v. Wright, 134 Mass. 347. No new facts were disclosed at the second trial which affect this decision.
The "fact that another person, a resident of this State, was named in the writ as a trustee, is immaterial. The decision was, not that the court had no…
2Cases cited1 opinion
- Allen v. WrightMassachusetts Supreme Judicial Court · 1883
3Cited by2 opinions
- Chicago & Northwestern Railway Co. v. Alvin R. Durham Co.Supreme Court of the United States · 1926
- Simmons v. WoodsMassachusetts Supreme Judicial Court · 1887