Vinton v. Bradford
Massachusetts Supreme Judicial Court
This was an action of the case against the defendant, as sheriff of the County of Suffolk, for the misfeasance of Luke Baldwin, one of his deputies. The declaration contained three several counts, all reciting in substance the following facts.
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This was an action of the case against the defendant, as sheriff of the County of Suffolk, for the misfeasance of Luke Baldwin, one of his deputies. The declaration contained three several counts, all reciting in substance the following facts. The plaintiff, on the 26th of August, 1814, sued out a writ of attachment against one Selden Brainerd, his debtor, and delivered the same to Bradish Billings, one of the deputies of the sheriff, who, at five o’clock of the same day, went into Brainerd's store, and attached his goods to the value of $ 1500, which had been previously attached by said…
1Opinion of the CourtParker, C. J.
The nonsuit m this case was ordered, because the judge, at the trial, thought that the facts, stated in the several counts of which the declaration consists, showed no cause of action. After an examination of all the counts, we are all of opinion that the nonsuit was properly ordered.
The gravamen in each of them is the non-delivery of goods, or of the proceeds of them, by Baldwin, a deputy sheriff, to Billings, another deputy of the same sheriff, that he might apply them in satisfaction of an execution obtained by the plaintiff against Selden Brainerd. In each of the counts it is alleged,…
2Cases cited3 opinions
- Lane v. JacksonMassachusetts Supreme Judicial Court · 1809
- Denny v. WarrenMassachusetts Supreme Judicial Court · 1820
- Thompson v. MarshMassachusetts Supreme Judicial Court · 1817
3Cited by10 opinions
- Phillips v. BridgeMassachusetts Supreme Judicial Court · 1814
- Lane v. JacksonMassachusetts Supreme Judicial Court · 1809
- Watson v. ToddMassachusetts Supreme Judicial Court · 1809
- Russell v. LawtonWisconsin Supreme Court · 1861
- Congdon v. CooperMassachusetts Supreme Judicial Court · 1818
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