Briggs v. Strange
Massachusetts Supreme Judicial Court
Trespass for taking and carrying away a boat, a cable, and an anchor. The defendant pleaded the general issue, and filed a brief statement of facts in his justification, viz., that he was a constable of Freetown, and took the chattels on a writ in favor of one John H. Pierce, a deputy sheriff of the county of Bristol, against the said Briggs.
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Trespass for taking and carrying away a boat, a cable, and an anchor. The defendant pleaded the general issue, and filed a brief statement of facts in his justification, viz., that he was a constable of Freetown, and took the chattels on a writ in favor of one John H. Pierce, a deputy sheriff of the county of Bristol, against the said Briggs. On the trial, which was had before Jackson, J., at the last Apnl term, at Taunton, it appeared that the goods in question were part of the tackle and appurtenances of the sloop Victory, of which Briggs owned two thirds, and the other plaintiff one third.…
1Opinion of the CourtParker, C. J.
With respect to the objection, that the defendant, as constable, had no authority to make service of the precept, upon which he took the chattels, for which this action is brought, it depends on the construction of the statute. The authority given by the third section of Stat. 1795, c. 41, being general as to the persons upon whom the service is to be made, empowers a constable to serve all writs and executions in personal actions, where the damage sued for or recovered shall not exceed seventy dollars. This authority a constable has, when a deputy sheriff is the plaintiff or creditor;…
2Cited by3 opinions
- Morgan v. Overman Silver Mining Co.California Supreme Court · 1869
- Devereux Co. v. SilsbySupreme Judicial Court of Maine · 1921
- King v. Shoemaker, Pennsylvania Court of Common Pleas, Dauphin County1861