Burlingame v. Bell
Massachusetts Supreme Judicial Court
This was an action of the case against the defendant, a deputy sheriff of this county, for not taking in execution certain goods, alleged to have been exposed to him by one Nutting, a trustée of John Williams; which execution had been issued on a judgment in favor of the present plaintiff against the said Williams: There was another count in the declaration, for not demanding of the trustee the goods, effects, &c., of Williams, to be exposed on the said execution.
Read the full summary
This was an action of the case against the defendant, a deputy sheriff of this county, for not taking in execution certain goods, alleged to have been exposed to him by one Nutting, a trustée of John Williams; which execution had been issued on a judgment in favor of the present plaintiff against the said Williams: There was another count in the declaration, for not demanding of the trustee the goods, effects, &c., of Williams, to be exposed on the said execution. The action was tried on the general issue, before the chief justice, November term, 1818, when the following facts were in…
1Opinion of the CourtParker, C. J.
The general question in this case is, whether the defendant was obliged, by the duties of his office, to satisfy the plaintiff’s execution out of the proceeds of the sale of the carriages, which he held on the attachment at the suit of Bonner. And this depends upon the question, whether the plaintiff, by the service of his trustee process upon Nutting, had acquired a lien upon the goods in his possession, which were the property of Williams; for if he had such lien, it could not be defeated by the subsequent attachment of the goods by the defendant.
The counsel, for the defendant have insisted…
2Cited by29 opinions
- Thomas v. GoodwinMassachusetts Supreme Judicial Court · 1815
- Jordan v. LavinMassachusetts Supreme Judicial Court · 1946
- Corning v. RecordsSupreme Court of New Hampshire · 1898
- Barton v. SpencerSupreme Court of Oklahoma · 1895
- Rabalsky v. LevensonMassachusetts Supreme Judicial Court · 1915
24 more not listed; retrieve them via the Exa API.