French v. Bancroft
Massachusetts Supreme Judicial Court
Trespass upon the case. The declaration alleged that thf plaintiff, in May, 1837, recovered judgment, in the police court at Lowell, against Edward Towne, for the sum of $16-50, and costs of suit, and sued out a writ of execution thereon and de livered the same to the defendant, a deputy sheriff, to be served upon said Towne; but that the defendant neglected to serve the same, and that said Towne, after said writ of execution wai returnable, escaped to parts unknown ;…
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Trespass upon the case. The declaration alleged that thf plaintiff, in May, 1837, recovered judgment, in the police court at Lowell, against Edward Towne, for the sum of $16-50, and costs of suit, and sued out a writ of execution thereon and de livered the same to the defendant, a deputy sheriff, to be served upon said Towne; but that the defendant neglected to serve the same, and that said Towne, after said writ of execution wai returnable, escaped to parts unknown ; whereby the plaintiff wa? injured, &c. At the trial in the court of common pleas, before Williams. C. J. the question was…
1Opinion of the CourtShaw, C. J.
This case comes before the court by excep tions from the court of common pleas, and the only question is, whether the directions of the court were right in point of law. Much of the argument of the plaintiff’s counsel turns upon an attempt to show that in point of fact the directions given to the defendant, with the execution against Towne, amounted to a pos itive and unqualified direction to arrest the defendant on that execution. The deposition, which it appears by the exceptions constituted the principal evidence in the case, is annexed to the bill of exceptions. But this is done, not for…
2Cited by1 opinion
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