Lindsay v. Larned
Massachusetts Supreme Judicial Court
This was an action on the case, in which the plaintiff declares that the defendant, on the 1st of January, 1819, commenced an action against him in this county, to recover the amount of seven promissory notes ; that in that suit Larned caused four several parcels of timber, the property of Lindsay, to be attached, and in March, 1820, recovered judgment in the suit for the sum of 7853 dollars; that in May, 1819, Larned, well knowing of the suit then pending in this county,…
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This was an action on the case, in which the plaintiff declares that the defendant, on the 1st of January, 1819, commenced an action against him in this county, to recover the amount of seven promissory notes ; that in that suit Larned caused four several parcels of timber, the property of Lindsay, to be attached, and in March, 1820, recovered judgment in the suit for the sum of 7853 dollars; that in May, 1819, Larned, well knowing of the suit then pending in this county, commenced another action on the same notes against Lindsay, in the province of East Florida, and there caused him to be…
1Opinion of the CourtPdtnam, J.
*157This action is brought to recover the damages which the plaintiff sustained by having his goods attached, taken and detained on mesne process, at the suit of the defendant, which suit was dismissed.
At common law, if the plaintiff failed in his suit, he was fined or amerced pro falso clamore, but was not liable to pay costs, eo nomine, to the prevailing party. The penalties inflicted were intended to prevent unnecessary litigation; and they were sometimes so severe, that the party was entitled to the writ of moderato misericordia for relief. Fitz. N. B. 75. For a long time the prevailing…
2Cited by6 opinions
- American Circular Loom Co. v. WilsonMassachusetts Supreme Judicial Court · 1908
- Mitchell v. Silver Lake LodgeOregon Supreme Court · 1896
- Fry v. EstesMissouri Court of Appeals · 1892
- Ruble v. Coyote G. & S. M. Co.Oregon Supreme Court · 1881
- Rose v. BlackMassachusetts District Court, Appellate Division · 1937
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