Oystead v. Shed
Massachusetts Supreme Judicial Court
*-The declaration was in trespass, “ for that the said [*506 ] Shed, Fletcher, B. Varnum, and W. Varnum, at, &c., o.i, &c., with force and arms did break and enter the plaintiff’s dwelling-house in Chelmsford, and then and there for the space of three hours rifled and searched said house against the will of the plaintiff, and took and carried away the plaintiff’s wearing apparel, of the value of $50, the plaintiff’s gun and bayonet, of the value of $15, and other necessary…
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*-The declaration was in trespass, “ for that the said [*506 ] Shed, Fletcher, B. Varnum, and W. Varnum, at, &c., o.i, &c., with force and arms did break and enter the plaintiff’s dwelling-house in Chelmsford, and then and there for the space of three hours rifled and searched said house against the will of the plaintiff, and took and carried away the plaintiff’s wearing apparel, of the value of $50, the plaintiff’s gun and bayonet, of the value of $15, and other necessary articles, of the value of $15 ; and did also take and carry away the plaintiff’s private papers and books, namely, the…
1Opinion of the CourtJackson, J.
The four defendants having pleaded and the justification relied on not being the same in all the pleas, it is necessary to consider them separately.
The defendant, Shed, pleads that he was a deputy sheriff, and by virtue of an original writ of attachment against the plaintiff, Oystead, which was delivered to him, he entered Oystead’s house, “ the outer door being open,” and attached a sideboard, which he found there, and afterwards duly returned the writ, &c., and as to all the residue of the trespass he pleads not guilty. The plaintiff, in replying to this justification, protests that there…
2Cited by7 opinions
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- Mitchell v. StateSupreme Court of Arkansas · 1851
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