Grosvenor v. Gold
Massachusetts Supreme Judicial Court
Trover for sundry cattle, swine, and other personal chattels, which were the property of Caleb Grosvenor, the plaintiff’s intestate.
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Trover for sundry cattle, swine, and other personal chattels, which were the property of Caleb Grosvenor, the plaintiff’s intestate. The action was submitted to the opinion of the Court upon an agreed statement of facts, of which the material ones are shortly these: — An action was brought on the 12th of February, 1806, by the piesent defendant against the plaintiff’s intestate, and the chattels for which the present action was brought, were attached upon the original writ in that suit, as the debtor’s property. In that suit, judgment was recovered in August, 1807; and within thirty, days…
1Opinion of the CourtSedgwick, J.
The general question in this case is, whether the action can be supported.
Considerable alteration has been made in the common law by our statutes, as well in substance as in form, in the commencement of an original suit, and in compelling the appearance of the defendant. Goods may be attached on the original process, and kept in the custody of the officer, to respond the judgment. When attached, it is the duty of the officer to keep them in his custody until final judgment is rendered, and in case that judgment shall be in favor of the plaintiff, until thirty days after, which refers to the…
2Cases cited1 opinion
- Rockwood v. AllenMassachusetts Supreme Judicial Court · 1811
3Cited by17 opinions
- Coit v. SistareSupreme Court of Connecticut · 1912
- Ex parte FosterU.S. Circuit Court for the District of Massachusetts · 1842
- Craig v. WagnerSupreme Court of Connecticut · 1914
- Cox v. WellsIndiana Supreme Court · 1845
- Scheid v. LeibshultzIndiana Supreme Court · 1875
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