Legal Opinion

Dailey v. May

Massachusetts Supreme Judicial Court

Decided May 15, 1809PublishedCited by 7 opinions

Trespass against the defendant, a deputy sheriff, for taking the wheels of a cart, an ox-yoke and bows, staple and cops and pin, the property of the plaintiff.

1Opinion of the Court

The opinion of the Court was delivered by

Parsons, C. J.

The question submitted by the case [ * 314 ] is, whether or not the chattels mentioned in the * plaintiff’s writ are by law protected from seizure on execution issued against the plaintiff. The law relied on is the statute of 1805, c. 100., in which it is enacted that, among other articles, the tools of any debtor, necessary for his trade or occupation, shall be exempted from attachment and execution.

The chattels in this case are the wheels of a cart, and part of the gear to be used in moving it with oxen. The case does not state that…

2Cases cited1 opinion

  1. Buckingham v. BillingsMassachusetts Supreme Judicial Court · 1816

3Cited by7 opinions

  1. Spooner v. FletcherSupreme Court of Vermont · 1830
  2. Kilburn v. DemmingSupreme Court of Vermont · 1829
  3. Martin v. BuswellSupreme Judicial Court of Maine · 1911
  4. Matheson v. F. W. Johnson Co.South Dakota Supreme Court · 1902
  5. Wilkinson v. AlleySupreme Court of New Hampshire · 1864

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