Damon v. Bryant
Massachusetts Supreme Judicial Court
Trespass for breaking and entering the plaintiff’s close and carrying away his goods. The writ was dated the 20th of February, 1824. The defendant pleaded the general issue, and filed a brief statement, in which he alleged, that as a constable he took the goods as the property of one Zenas Damon, by virtue of a writ against him in favor of one Gibbs, that judgment was thereon rendered and execution issued, and that he duly sold the goods by virtue of the execution.
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Trespass for breaking and entering the plaintiff’s close and carrying away his goods. The writ was dated the 20th of February, 1824. The defendant pleaded the general issue, and filed a brief statement, in which he alleged, that as a constable he took the goods as the property of one Zenas Damon, by virtue of a writ against him in favor of one Gibbs, that judgment was thereon rendered and execution issued, and that he duly sold the goods by virtue of the execution. On the trial in the Court of Common Pleas, before Williams J., the plaintiff produced evidence of a sale to him of the goods in…
1Opinion of the Court
Parker C. J.
The objection taken at the trial, that the defendant gave no evidence of a debt from the supposed fraudulent vendor of the goods attached, we think is well maintained by the authorities. The distinction, which seems not to have occurred to the judge at the trial, is, that where the execution or writ upon which goods are taken is against the plaintiff himself, the officer is justified by the precept itself, for that commands him to take the goods of the plaintiff, and is a sufficient authority. But where the goods taken are claimed by a person who was not a party to the suit, and…
2Cases cited6 opinions
- Beach v. CatlinSupreme Court of Connecticut · 1810
- Wadsworth v. HavensNew York Supreme Court · 1829
- Thomson v. DoughertySupreme Court of Pennsylvania · 1826
- Merrill v. MeachumSupreme Court of Connecticut · 1812
- Weyand v. TiptonSupreme Court of Pennsylvania · 1819
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Bishop v. RedmondIndiana Supreme Court · 1882
- Miller v. KoertgeTexas Supreme Court · 1888
- Parks v. WorthingtonTexas Supreme Court · 1908
- Hunsinger v. HoferIndiana Supreme Court · 1887
- Miller v. CookIndiana Supreme Court · 1890