Blake v. Kimball
Massachusetts Supreme Judicial Court
Tort against the sheriff of Middlesex, for the negligence of one of his deputies. At the trial in the superior court, before Brigham, C. J., it appeared that on June 8, 1868, John H. Clark, a deputy of the defendant, attached certain barrels of flour, the property cf Jacob A. Barbey, a baker, on a writ against him in favor of the plaintiffs, and placed a keeper in charge thereof; that on June 21. through the negligence of the keeper, the flour was removed by Barbey and baked…
Read the full summary
Tort against the sheriff of Middlesex, for the negligence of one of his deputies. At the trial in the superior court, before Brigham, C. J., it appeared that on June 8, 1868, John H. Clark, a deputy of the defendant, attached certain barrels of flour, the property cf Jacob A. Barbey, a baker, on a writ against him in favor of the plaintiffs, and placed a keeper in charge thereof; that on June 21. through the negligence of the keeper, the flour was removed by Barbey and baked into bread; that Clark, in his return on the Writ, stated that the flour had been feloniously taken from him by Barbey…
1Opinion of the CourtAmes, J.
Upon the attachment of personal property on mesne process, the duty of the attaching officer to the plaintiff in the suit is to keep the attached property safely, so that it may be forthcoming in order to be taken upon such execution as shall be issued in thirty days after the final termination of the suit in a judgment in favor of such plaintiff. The extent of the plaintiffs’ right and of the officer’s duty, as to such property, is that it shall be so forthcoming. During the pendency of the suit, the officer may make such arrangements upon his own responsibility, in regard to the custody of…
2Cases cited6 opinions
- Phillips v. BridgeMassachusetts Supreme Judicial Court · 1814
- Cooper v. MowryMassachusetts Supreme Judicial Court · 1819
- Webster v. CoffinMassachusetts Supreme Judicial Court · 1817
- Hill v. PrattSupreme Court of Vermont · 1856
- Jameson v. MasonSupreme Court of Vermont · 1839
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Davis v. LearyMassachusetts Supreme Judicial Court · 1901
- Kelley v. TarboxSupreme Judicial Court of Maine · 1906
- Stackpole v. HiltonMassachusetts Supreme Judicial Court · 1877