Steuer v. Maguire
Massachusetts Supreme Judicial Court
Tort against a deputy sheriff for wrongfully entering the hat shop of the plaintiff and remaining there for twenty-four hours after being requested to leave, thereby greatly interfering with the plaintiff’s business, with a count for the conversion of five hundred hats. Writ dated April 17,1899. In the Superior Court Pierce, J. refused to rule that upon all the evidence the plaintiff was not entitled to recover, or to make certain other rulings requested by the defendant.
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Tort against a deputy sheriff for wrongfully entering the hat shop of the plaintiff and remaining there for twenty-four hours after being requested to leave, thereby greatly interfering with the plaintiff’s business, with a count for the conversion of five hundred hats. Writ dated April 17,1899. In the Superior Court Pierce, J. refused to rule that upon all the evidence the plaintiff was not entitled to recover, or to make certain other rulings requested by the defendant. The jury returned a verdict for the plaintiff, and assessed damages in the sum of $200. The defendant alleged exceptions.
1Opinion of the CourtLathrop, J.
The principal question in this case is whether an officer who has a writ of replevin to serve, may, after he has taken possession of the goods mentioned in the writ, keep them in the shop of the defendant where he found them until he can, using reasonable diligence, have them appraised, if the defendant objects to their being so kept.
Section 12 of c. 184 of the Pub. Sts., which were in force when the officer in this case acted, provides : “ The officer, before serving the writ, shall take from the plaintiff, or from some one in his behalf, a bond to the defendant, with sufficient sureties in…
2Cases cited6 opinions
- Williams v. PowellMassachusetts Supreme Judicial Court · 1869
- Cutter v. HoweMassachusetts Supreme Judicial Court · 1877
- Boynton v. WarrenMassachusetts Supreme Judicial Court · 1868
- O'Brien v. BarryMassachusetts Supreme Judicial Court · 1871
- Davis v. StoneMassachusetts Supreme Judicial Court · 1876
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Crowe v. Peaslee-Gaulbert Co.Court of Appeals for the First Circuit · 1930
- Commonwealth v. MiddlebyMassachusetts Supreme Judicial Court · 1905
- Tourles v. HallMassachusetts Supreme Judicial Court · 1960
- Erskine v. VannahSupreme Judicial Court of Maine · 1915