Gordon v. Jenney
Massachusetts Supreme Judicial Court
Replevin of sundry articles of merchandise. The defendant pleaded in bar, that the property in the goods was in one George Sisson. The plaintiff replied property in himself, on which issue was joined. Trial before Jackson, J., in May last, at Taunton.
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Replevin of sundry articles of merchandise. The defendant pleaded in bar, that the property in the goods was in one George Sisson. The plaintiff replied property in himself, on which issue was joined. Trial before Jackson, J., in May last, at Taunton. On the opening of the case for the plaintiff, it appeared that the goods had belonged to Sisson, and were attached * as his by the plaintiff, who was a deputy sheriff, at the [ * 466 ] suit of Ichabod Macomber and others ; and whilst they were in the possession of the plaintiff, as he alleged, by virtue of that attach ment, they were attached…
1Opinion of the CourtParker, C. J.
The principal question in this case has been before the Court in the case of Denny vs. Warren. In that case, as in this, it is decided that if an officer enters a store where there are goods belonging to the debtor, having a writ requiring him to make the attachment, and declaring his intention to attach them, and then, for the purposes of convenience to the debtor, or for the furtherance of his object, locks the store and keeps the key in his possession, he has a right to claim and hold the goods against any other officer who may have subsequently entered the store for the purpose of making…
2Cited by24 opinions
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- Anderson v. SloaneWisconsin Supreme Court · 1888
- Treat v. BarberSupreme Court of Connecticut · 1828
- White v. DolliverMassachusetts Supreme Judicial Court · 1873
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