Legal Opinion

Rockwood v. Allen

Massachusetts Supreme Judicial Court

Decided March 15, 1811PublishedCited by 18 opinions

This action was originally brought against Jeremiah Allen, Esq., late sheriff of this county, (after whose decease the defendant came in and took the defence upon himself,) for the default of George Jackson, one of his deputies, in not levying the plaintiff’s execution, issued upon a judgment recovered by him against Richard Mero, administrator of Abraham Patch, upon certain chattels, which Jackson had attached upon the original writ against Patch.

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This action was originally brought against Jeremiah Allen, Esq., late sheriff of this county, (after whose decease the defendant came in and took the defence upon himself,) for the default of George Jackson, one of his deputies, in not levying the plaintiff’s execution, issued upon a judgment recovered by him against Richard Mero, administrator of Abraham Patch, upon certain chattels, which Jackson had attached upon the original writ against Patch. The action was tried upon the general issue, at the last November term in this county, before Parker, J., and a verdict taken for the plaintiff,…

1Opinion of the Court

The cause was submitted without argument, and the opinion of the Court (absents Parsons, C. J.) was delivered by

Sedgwick, J.

By the statute of 1783, c. 59, § 2, it is enacted that when any goods or estate are attached upon *any writ or process, in case the cause of action [ * 256 ] docs by law survive, the same shall not be released or discharged by reason of the death of either party, but be held good to respond the judgment, to be given in the suit, in the same man*216ner as by law they would have been, if such deceased person had been living; provided that where any estate, so attached, shall,…

2Cited by18 opinions

  1. Pegram v. StortzWest Virginia Supreme Court · 1888
  2. Barango v. E. L. Hedstrom Coal Co.Appellate Court of Illinois · 1957
  3. Kansas City Hotel Co. v. SauerSupreme Court of Missouri · 1877
  4. G. E. Lothrop Theatres Co. v. Edison Electric Illuminating Co.Massachusetts Supreme Judicial Court · 1935
  5. Barbour County v. HornSupreme Court of Alabama · 1872

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