Brown v. Inhabitants of Edgartown
Massachusetts Supreme Judicial Court
Two actions of tort, the declaration, as amended, containing counts, described in the opinion, respectively charging malicious prosecution, abuse of legal process and conspiracy by unlawful means to cause the plaintiffs to leave the defendant town. Writs dated March 3, 1919. In the Superior Court the defendant demurred to the declaration as amended. The demurrers were heard by Hammond, J., and were sustained.
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Two actions of tort, the declaration, as amended, containing counts, described in the opinion, respectively charging malicious prosecution, abuse of legal process and conspiracy by unlawful means to cause the plaintiffs to leave the defendant town. Writs dated March 3, 1919. In the Superior Court the defendant demurred to the declaration as amended. The demurrers were heard by Hammond, J., and were sustained. Thereafter judgments were entered for the defendant; and the plaintiffs appealed.
1Opinion of the CourtPierce, J.
These two actions were heard together, and in each a demurrer was sustained to the amended counts of the declarations. After entry of final judgments the cases are before this court on appeal.
The question presented is whether a Massachusetts town which has authorized by vote its servants, agents and officers, or has ratified by vote the acts of its servants, agents and officers, may be held liable in an action of tort for malicious prosecution, abuse of legal process, or conspiracy, for the damages sustained by a person or persons injured thereby, when such actions or either of them was…
2Cases cited5 opinions
- Bolster v. City of LawrenceMassachusetts Supreme Judicial Court · 1917
- Todd v. Dowd's heirsCourt of Appeals of Kentucky · 1858
- Cavanagh v. City of BostonMassachusetts Supreme Judicial Court · 1885
- Lemon v. City of NewtonMassachusetts Supreme Judicial Court · 1883
- McCarthy v. City of BostonMassachusetts Supreme Judicial Court · 1883
3Cited by9 opinions
- Complitano v. Steel & Alloy Tank Co.New Jersey Superior Court Appellate Division · 1960
- Buzzone v. Hartford Accident and Indemnity Co.New Jersey Superior Court Appellate Division · 1956
- Mayfair Fabrics v. HENLEYNew Jersey Superior Court Appellate Division · 1968
- Schoenwiesner v. Division of Employment SecurityNew Jersey Superior Court Appellate Division · 1957
- Brown v. WimpennyMassachusetts Supreme Judicial Court · 1921
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