Fuller v. Holden
Massachusetts Supreme Judicial Court
The plaintiff declares in case, and alleges that he, on the 12th day of May, 1803, sued a writ of attachment against one Benjamin Porter, of Orange, in the county of Hampshire, returnable to the Court of Common Pleas in this county, to be holden in the following June, and directed to the sheriff of the county of Hampshire, or his deputy, or the constable of Orange; that, on the 14th of May, he delivered said writ to the defendant, then a constable of Orange,- to serve and…
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The plaintiff declares in case, and alleges that he, on the 12th day of May, 1803, sued a writ of attachment against one Benjamin Porter, of Orange, in the county of Hampshire, returnable to the Court of Common Pleas in this county, to be holden in the following June, and directed to the sheriff of the county of Hampshire, or his deputy, or the constable of Orange; that, on the 14th of May, he delivered said writ to the defendant, then a constable of Orange,- to serve and return the same according to law; that the defendant, by virtue of said writ, attached two cows of the value of 25 dollars…
1Opinion of the Court
* The cause stood continued for advisement, and now, [* 501 ] at this term, the opinion of the Court was delivered by
Parsons, C. J.
The plaintiff, in an action of the case, demands damages of the defendant, for the neglect of his duty, as a constable of the town of Orange. The substance of the plaintiff’s demand is, that having sued out an original writ of attachment against Benjamin Porter, his debtor, the defendant, as a constable of Orange, by virtue thereof, attached two cows, shown to him, by the plaintiff, as Porter’s property; that having recovered judgment, against Porter within thirty…
2Cited by21 opinions
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- Lummis v. KassonNew York Supreme Court · 1864
- Fitch v. SmithSupreme Court of Connecticut · 1831
- Wadsworth & Co. v. WallikerSupreme Court of Iowa · 1877
- Barron v. CobleighSuperior Court of New Hampshire · 1841
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