Goodnow v. Willard
Massachusetts Supreme Judicial Court
This was an action of trespass upon the case against the sheriff of Worcester for an alleged default of Larkin Newton, one of his deputies, and was submitted to the court on the following statement of facts :■ “ On the 1st of May 1837, the plaintiff, then and still an inhabitant of Boston, sued out a writ against Lyman Stoddard, of Upton, in the county of Worcester.
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This was an action of trespass upon the case against the sheriff of Worcester for an alleged default of Larkin Newton, one of his deputies, and was submitted to the court on the following statement of facts :■ “ On the 1st of May 1837, the plaintiff, then and still an inhabitant of Boston, sued out a writ against Lyman Stoddard, of Upton, in the county of Worcester. The writ was made by an attorney in Framingham, at the request of A. Ward, the plaintiff’s agent, who delivered it to E. B. Fay ; and said Fay delivered it to said Larkin Newton, (who then lived at South-borough, about twelve…
1Opinion of the CourtDewet, J.
The principal ground, upon which the plaintiff relies to recover substantial damages, has been fully considered and settled against him in the case of Inhabitants of Cheshire v. Briggs, 2 Met. 486, which was not decided until after the present action was commenced. The Rev. Sts. c. 90, did not make it the duty of the officer, serving a writ of attachment, to deposit the writ, or a copy thereof, in the clerk’s office for a registration of the attachment; as was decided in the case referred to. That duty was first imposed by St. 1838, c. 186.
The plaintiff further contends, that upon the facts…
2Cases cited1 opinion
- Grubb v. McCoyCourt of Appeals of Kentucky · 1859