Carleton v. Akron Sewer Pipe Co.
Massachusetts Supreme Judicial Court
Tobt for false imprisonment. Trial in the Superior Court, before Colburn, J., who reported the case for the determination of this court, in substance as follows: On September 4, 1877, an execution in common form was issued from the Municipal Court of Boston, in favor of the defendant against the plaintiff for $55.33 damage, and $31.93 costs of suit.
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Tobt for false imprisonment. Trial in the Superior Court, before Colburn, J., who reported the case for the determination of this court, in substance as follows: On September 4, 1877, an execution in common form was issued from the Municipal Court of Boston, in favor of the defendant against the plaintiff for $55.33 damage, and $31.93 costs of suit. On September 12, 1877, the defendant’s attorney applied to a magistrate for a certificate authorizing the arrest of the plaintiff on said execution, upon the first charge specified in the Gen. Sts, c. 124, § 5. The magistrate thereupon issued to…
1Opinion of the CourtSoule, J.
The arrest of the plaintiff was illegal. Since the St. of 1877, c. 250, went into operation, no magistrate has had authority to grant a certificate authorizing arrest on execution issued for debt or damages on the first charge specified in the Gen. Sts. e. 124, § 5, it not appearing that the judgment debtor intends to leave the state, until he has issued a notice to the debtor to appear and submit to an examination touching his estate, and the debtor, being duly served therewith, has failed to appear as directed by the magistrate, and to obey all lawful orders and requirements made by the…
2Cited by6 opinions
- Shattuck v. BillMassachusetts Supreme Judicial Court · 1886
- Baker v. CopelandMassachusetts Supreme Judicial Court · 1885
- Lane v. HolmanMassachusetts Supreme Judicial Court · 1887
- Williams v. ShillaberMassachusetts Supreme Judicial Court · 1891
- Buzzell v. EmertonMassachusetts Supreme Judicial Court · 1894
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