Page v. Weeks
Massachusetts Supreme Judicial Court
This was a writ of replevin, brought against the defendant, a deputy sheriff for this county, for twenty-one * barrels of oil, which the defendant had attached as the property of John Page, jun., at the suit of Thomas Green, then and for some months before a creditor of the said John Page, jun. The defendant pleaded, that the said oil, when attached by him, was the property of the said John Page, jun., and Elijah Stearns ; and traversed the plaintiff’s property.
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This was a writ of replevin, brought against the defendant, a deputy sheriff for this county, for twenty-one * barrels of oil, which the defendant had attached as the property of John Page, jun., at the suit of Thomas Green, then and for some months before a creditor of the said John Page, jun. The defendant pleaded, that the said oil, when attached by him, was the property of the said John Page, jun., and Elijah Stearns ; and traversed the plaintiff’s property. Issue was joined upon the traverse. At the trial of the said issue, which was had at the last October term in this county, before…
1Opinion of the CourtParker, C. J.
The interest of Stearns is not so direct as to make him incompetent as a witness. The property was attached as his partner’s, John Page. jun. He testified that it belonged to him and Page. The effect of this testimony would be, to render the moiety of it subject to the execution of his partner’s creditor. If the sheriff should proceed to sell the whole upon the execution, and the witness should bring his action for the moiety, he could not avail himself of the verdict in this case to support his demand. Indeed, it * would seem indifferent to him whether the issue, to which his testimony…
2Cited by8 opinions
- Hart v. FitzgeraldMassachusetts Supreme Judicial Court · 1807
- D'Wolf v. HarrisU.S. Circuit Court for the District of Massachusetts · 1827
- Brown v. RavenscraftCourt of Appeals of Maryland · 1898
- Ladd v. BillingsMassachusetts Supreme Judicial Court · 1818
- Farmers' Loan & Trust Co. v. Mayor of New YorkThe Superior Court of New York City · 1859
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