Gale v. Ward
Massachusetts Supreme Judicial Court
This was an action upon the case against the defendant, as sheriff of this county, for not keeping certain chattels attached by him, at the suit of the plaintiff against one W. Beaton; and for not taking the same on the execution, which was issued on the judgment recovered by the plaintiff in that suit.
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This was an action upon the case against the defendant, as sheriff of this county, for not keeping certain chattels attached by him, at the suit of the plaintiff against one W. Beaton; and for not taking the same on the execution, which was issued on the judgment recovered by the plaintiff in that suit. On the trial, which was had on the general issue before Jackson, J., at the last April term in this county, it appeared that the original writ, in the plaintiff’s said action against Beaton, was delivered to the defendant to be served; and that he went with the plaintiff to a certain…
1Opinion of the CourtParker, C. J.
The attachment made by the sheriff was incomplete, for want of removing the machines, or of giving such notice of the attachment, by placing them in the custody of a servant, as would have prevented a second attachment.
They must be considered as personal property; because, although in some sense attached to the freehold, yet they could be easily disconnected, and were capable of being used in any other building erected for similar purposes. It is true that the relaxation of the *305ancient doctrine respecting fixtures has been in favor of tenants against landlords ; but the principle is correct…
2Cases cited7 opinions
- Short & Co. v. Trabue & Co.Court of Appeals of Kentucky · 1863
- Walker v. ShermanNew York Supreme Court · 1839
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- Lemar v. MilesSupreme Court of Pennsylvania · 1835
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3Cited by28 opinions
- Walker v. ShermanNew York Supreme Court · 1839
- Potter v. . CromwellNew York Court of Appeals · 1869
- Ottumwa Woolen Mill Co. v. HawleySupreme Court of Iowa · 1876
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- Frost v. SchinkelNebraska Supreme Court · 1931
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