Paine v. Farr
Massachusetts Supreme Judicial Court
Tort. The first count of the declaration alleged that the plaintiff was a married woman carrying on the business of a boardinghouse keeper on her separate account; that the defendant unlawfully and forcibly entered the said house and seized and took possession of certain articles of furniture which she there had, a portion of which he removed, and kept and detained for the space of ten days, and then returned greatly injured through the defendant’s negligence in removing the…
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Tort. The first count of the declaration alleged that the plaintiff was a married woman carrying on the business of a boardinghouse keeper on her separate account; that the defendant unlawfully and forcibly entered the said house and seized and took possession of certain articles of furniture which she there had, a portion of which he removed, and kept and detained for the space of ten days, and then returned greatly injured through the defendant’s negligence in removing the same; that by reason of such seizure and removal she was injured in her business; and that the defendant, at or about…
1Opinion of the CourtEndicott, J.
Where an officer attempts to justify the seizure of property under mesne process, he must show that he made return of his writj and did all that the law requires of him to do. If he fails n this duty he is a trespasser. Tubbs v. Tukey, 3 Cush. 438. Kent v. Willey, 11 Gray, 368, 373. But there are *76exceptions to this rule, as when a settlement is made by the parties, and the property restored with an agreement that the writ need not be returned. Williams v. Babbitt, 14 Gray, 141, 142. And when property attached is surrendered at the request of the defendant, and money substituted therefor as an…
2Cited by12 opinions
- Murby v. United StatesCourt of Appeals for the First Circuit · 1923
- Denton v. StateCourt of Criminal Appeals of Oklahoma · 1937
- Gibson v. HolmesSupreme Court of Vermont · 1905
- United States v. ClarkDistrict Court, S.D. Alabama · 1924
- Wiggin v. AtkinsMassachusetts Supreme Judicial Court · 1884
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