Ilsley v. Nichols
Massachusetts Supreme Judicial Court
Trespass quare clausum for breaking and entering the plaintiff’s dwellinghouse and taking and carrying away his goods. At the trial, before Putnam J., it appeared that the plaintiff failed on December 5, 1829, and shut himself up in his dwellinghouse, with his goods, intending to dispose of them as he should think just, among his creditors.
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Trespass quare clausum for breaking and entering the plaintiff’s dwellinghouse and taking and carrying away his goods. At the trial, before Putnam J., it appeared that the plaintiff failed on December 5, 1829, and shut himself up in his dwellinghouse, with his goods, intending to dispose of them as he should think just, among his creditors. The defendants, being a deputy sheriff and his assistants, broke the outer door cl the plaintiff’s house, against his will and contrary to his express prohibition, for the purpose of attaching his goods on mesne process, and having entered, the officer…
1Opinion of the Court
Shaw C. J.
delivered the opinion of the Court. No ques-1 . \ ^on's made of the plaintiff’s right to recover ; but the question turns upon the amount of damages. The defendants, being a deputy sheriff with his assistants, having a writ against the plaintiff, forced the doors of his dwellinghouse and attached his goods. The jury by their verdict distinguish between the damages for breaking and entering the house, and those given for the value of the goods. The defendants contend that though the breaking and entering the plaintiff’s dwellinghouse' was unlawful, yet that the attachment of the…
2Cases cited1 opinion
- Heminway v. SaxtonMassachusetts Supreme Judicial Court · 1807
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