Brayman v. Whitcomb
Massachusetts Supreme Judicial Court
Tort, against a deputy of the sheriff of Barnstable, for releasing and discharging, within thirty days after judgment for the plaintiffs in an action brought by them against Isaac H. Fish, certain goods from an attachment made by the defendant on the writ in said action. Trial in the Superior Court, without a jury, before Brigham, C. J., who found and ordered judgment for the plaintiffs; and the defendant alleged exceptions. The facts appear in the opinion.
1Opinion of the CourtC. Allen, J.
The execution, in favor of Charles A. Raymond, upon which the defendant sold the goods, upon a seizure made previous to the attachment thereof upon the process sued out by the plaintiffs, issued upon a recognizance taken before a justice of the peace, by virtue of the Gen. Sts. c. 152, § 7. As the authority of the justice of the peace to take such a recognizance is to do so “ in any case where it might be taken before the clerk of the court,” we are necessarily referred to § 2. This section, so far as it is important to the present inquiry, is as follows: “ The recognizance may be taken…
2Cases cited1 opinion
- Bronson v. SchultenSupreme Court of the United States · 1882
3Cited by13 opinions
- Ex parte EarmanSupreme Court of Florida · 1923
- Hadley v. BerneroMissouri Court of Appeals · 1902
- Saund v. SaundSupreme Court of Vermont · 1927
- Commonwealth v. GoveMassachusetts Supreme Judicial Court · 1890
- Himmelberger-Harrison Lumber Co. v. KeenerSupreme Court of Missouri · 1909
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