Commonwealth v. Middleby
Massachusetts Supreme Judicial Court
Complaint, received and sworn to in the Municipal Court of the City of Boston on November 21, 1902, against Joseph Middleby, Jeremiah J. McCarthy and another man described as a person whose name was unknown, afterwards shown to be Charles Middleby, son of Joseph, for assault and battery upon Joseph E. Donovan and Thomas J. Dooley.
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Complaint, received and sworn to in the Municipal Court of the City of Boston on November 21, 1902, against Joseph Middleby, Jeremiah J. McCarthy and another man described as a person whose name was unknown, afterwards shown to be Charles Middleby, son of Joseph, for assault and battery upon Joseph E. Donovan and Thomas J. Dooley. On appeal to the Superior Court the case was tried before Bond, J. It appeared, that at about half past one o’clock on the afternoon of November 20, 1902, one Francis Martin, a deputy sheriff, made an attachment in an action brought by one Hallett of the property of…
1Opinion of the CourtLoring, J.
1. The presiding judge was right in refusing to rule as matter of law that only the sugar was attached. The ground on which the defendants support their contention here is that the only interpretation which could be put on what took place was that the officer determined to and did take into his possession nothing but the sugar because he was frightened by Joseph Middleby’s notice that some of the property was not his, although it turned out that the sugar was worth no more than $500 to $600 and the ad damnum of the writ was $2,000. We are of opinion that the jury were warranted in finding…
2Cases cited3 opinions
- Williams v. PowellMassachusetts Supreme Judicial Court · 1869
- Davis v. StoneMassachusetts Supreme Judicial Court · 1876
- Steuer v. MaguireMassachusetts Supreme Judicial Court · 1903
3Cited by3 opinions
- Hamilton v. United StatesCourt of Appeals for the Fourth Circuit · 1920
- Commonwealth v. O'ConnellMassachusetts Supreme Judicial Court · 1931
- Commonwealth v. BrisboisMassachusetts Supreme Judicial Court · 1932