Kaltas v. Layden

This case was presented to theTrial Justice as acase stated. The plaintiffs deposited $9000.00 in 1985 with the defendant, a Worcester County Deputy Sheriff pursuant to G.L.c. 223, §1282 in order to dissolve a real estate attachment obtained *161against them in a civil action. The plaintiffs obtained a judgment in their favor in that civil action in July 1990 and thereafter requested the defendant Deputy Sheriff return the $9000.00 plus accrued interest.3 The defendant paid over the $9000.00 to the plaintiff and refused to deliver the interest. The plaintiffs brought this action seeking the…