Hayden v. Shed
Massachusetts Supreme Judicial Court
This was an action of trespass, for breaking and entering the close and dwelling-house of the plaintiff, and carrying away his goods, by the defendant, and converting them to his use, &c. The defendant pleaded, as to the force and arms, that he was not guilty; and as to the residue, a justification under mesne process sued out by the defendant against the plaintiff; by virtue of which the defendant entered the house, took the goods, &c.
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This was an action of trespass, for breaking and entering the close and dwelling-house of the plaintiff, and carrying away his goods, by the defendant, and converting them to his use, &c. The defendant pleaded, as to the force and arms, that he was not guilty; and as to the residue, a justification under mesne process sued out by the defendant against the plaintiff; by virtue of which the defendant entered the house, took the goods, &c. The plaintiff, in his replication, acknowledges the issuing of the said original writ; the delivery of it to the sheriff, * with written directions endorsed…
1Opinion of the CourtJackson, J.
The defendant sued out an original writ against the plaintiff, and caused his goods to be attached; and the writ was afterwards abated on a plea of a former suit pending for the same cause of action; and the question is, whether trespass will lie against the defendant for that attachment.
[ *502 ] * We are all satisfied that an action upon the case is the proper and exclusive remedy for an injury of this kind. The case is not stronger for the present plaintiff than if he had, been sued without any cause of action whatever, and that cer tainly known to the party who commenced the suit; and yet it…
2Cases cited2 opinions
- Watkins v. BairdMassachusetts Supreme Judicial Court · 1810
- Briggs v. WardwellMassachusetts Supreme Judicial Court · 1813
3Cited by18 opinions
- Marks v. . TownsendNew York Court of Appeals · 1885
- Thompson v. ReasonerIndiana Supreme Court · 1890
- Hess v. DeppenCourt of Appeals of Kentucky · 1907
- Case v. ShepherdNew York Supreme Court · 1800
- Whitten v. BennettCourt of Appeals for the Second Circuit · 1898
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