Legal Opinion

Baldwin v. Jackson

Massachusetts Supreme Judicial Court

Decided March 15, 1815PublishedCited by 9 opinions

This was replevin for sundry articles of household furniture described in the writ. The defendant pleaded, that the property of the chattels was in one Van Schaick. The [ * 132 ] * plaintiff replied property in himself; and issue was joined on the plea.

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This was replevin for sundry articles of household furniture described in the writ. The defendant pleaded, that the property of the chattels was in one Van Schaick. The [ * 132 ] * plaintiff replied property in himself; and issue was joined on the plea. At the trial of this issue before Parker, C. J., at the last November term in this county, it was proved, that, on the 16th of August, 1813, Mrs. Van Schaick, being the owner of the chattels, was indebted to John Crafts, who procured a writ of attachment, and delivered it to the plaintiff, Baldwin, a deputy sheriff, with directions to attach…

1Opinion of the Court

Per Curiam,.

There is no reason why the verdict in this case should not stand ; the jury having found that there was a debt due to Crafts, the first attaching creditor, and that his attachment was instituted, and the process carried on, bona fide, to judgment.

It is true, that the attaching officer must keep possession of the goods attached to him, in order to prevent the effects of a second attachment. But this possession needs not to be personal. In many cases it cannot be so. It is sufficient that the officer should lock up the goods, and retain the key ; or put them into the custody of some…

2Cited by9 opinions

  1. Green v. HooperNevada Supreme Court · 1917
  2. Jones Lumber & Mercantile Co. v. FarisSouth Dakota Supreme Court · 1894
  3. Burrows v. StoddardSupreme Court of Connecticut · 1820
  4. Bridge v. WymanMassachusetts Supreme Judicial Court · 1817
  5. E.H. Beemer v. E.J. SeabornNevada Supreme Court · 1933

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