Pierce v. Jackson
Massachusetts Supreme Judicial Court
This was an action of the case against the defendant, a deputy sheriff of this county, for a false return of a writ of execution. It was submitted to the Court upon an agreed statement of facts, which were recited by the chief justice in delivering the opinion of the Court. An argument was had at the adjourned session in July last, by Channing for the plaintiff, and Sullivan for the defendant, after which the action was continued for advisement to this term.
1Opinion of the CourtParsons, C. J.
It is stated, in the case agreed, by .the parties, that Charles F. Kentor and Gerard Von Harten were partners in trade, doing business under the firm of Kentor Sf Von Harten ; that, the partnership being insolvent, the partnership effects were duly attached by the defendant, at the suit of a creditor of the partnership, on the 28th day of March, 1806 ; that, afterwards, on the same day, in the forenoon, the defendant again attached the * same effects at the suit of Messrs. Sheelc [ * 243 ] and Foss, creditors of Von Harten only; that, after-wards, on the same day, the defendant again attached…
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