Keith v. Rosnosky
Massachusetts Supreme Judicial Court
Tort, brought originally against Jacob Perlis, the plaintiff’s former landlord, and Raphael Rosnosky, a constable, but discontinued against the defendant Perlis. At the trial the plaintiff elected to rely only on the second and fourth counts of his declaration, which are printed below.
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Tort, brought originally against Jacob Perlis, the plaintiff’s former landlord, and Raphael Rosnosky, a constable, but discontinued against the defendant Perlis. At the trial the plaintiff elected to rely only on the second and fourth counts of his declaration, which are printed below. Writ dated April 2, 1915. The counts relied upon were as follows: “Count 2. And the plaintiff says that on or about the twenty-sixth day of March, A.D. 1915, the defendant Rosnosky, under instructions from the defendant Jacob Perlis, did with force and arms make an assault on the plaintiff, and then and there…
1Opinion of the CourtPierce, J.
This is an action of tort. The declaration was in four counts. Only the second and fourth were relied upon. The second count alleged an assault and battery and false imprisonment on March 26, 1915. The fourth count, informally stated, apparently was intended to charge a trespass quare clausum fregit by the defendant, a constable, who had entered the premises by authority of an execution against the plaintiff for possession on January 27, 1915, and had removed the plaintiff’s furniture and effects, as alleged, with such disturbance as to aggravate the sickness of the plaintiff’s child, then in…
2Cases cited7 opinions
- In Re LennonSupreme Court of the United States · 1897
- Morrison v. WrightSupreme Court of Alabama · 1838
- Hopkinson v. SearsSupreme Court of Vermont · 1842
- Frohlichstein v. JordanSupreme Court of Alabama · 1903
- Fiske v. ChamberlinMassachusetts Supreme Judicial Court · 1870
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