Gay v. Southworth
Massachusetts Supreme Judicial Court
Tort for the breaking and entering of the plaintiff’s dwelling-house in Lynn, and the taking and carrying away of a sofa and a table, the property of the plaintiff. The defendants justified the entry and the taking of the goods by virtue of a writ of attachment in favor of the defendant Southworth, against the plaintiff, service of which was made by the other defendant, a deputy sheriff.
Read the full summary
Tort for the breaking and entering of the plaintiff’s dwelling-house in Lynn, and the taking and carrying away of a sofa and a table, the property of the plaintiff. The defendants justified the entry and the taking of the goods by virtue of a writ of attachment in favor of the defendant Southworth, against the plaintiff, service of which was made by the other defendant, a deputy sheriff. At the trial in the Superior Court, before Lord, J., the plaintiff contended that the sofa and the table were exempt from attachment, because without them household furniture to the amount exempt by law had…
1Opinion of the CourtDevens, J.
It is a general principle of the law that all goods and chattels are subject to attachment for the debts of their owner, and after judgment to levy on execution. Buckingham v. Billings, 13 Mass. 82. Remmington v. Cady, 10 Conn. 44. Davenport v. Lacon, 17 Conn. 278. From motives of humanity to the debtor, that he may not be entirely deprived of the necessaries of life and the means of continuing to obtain a livelihood, certain exemptions have been made by which he has been entitled to hold certain domestic animals and certain small amounts of furniture, provisions, tools, &c.
When, therefore, a…
2Cases cited6 opinions
- Buckingham v. BillingsMassachusetts Supreme Judicial Court · 1816
- Remmington v. CadySupreme Court of Connecticut · 1833
- Davenport v. LaconSupreme Court of Connecticut · 1845
- Wallace v. BartlettMassachusetts Supreme Judicial Court · 1871
- Bourne v. MerrittSupreme Court of Vermont · 1850
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- In re TurnbullDistrict Court, D. Massachusetts · 1901
- Clifford v. Brockton Transportation Co.Massachusetts Supreme Judicial Court · 1913