Zinn v. Rice
Massachusetts Supreme Judicial Court
Tort, for alleged abuse of legal process. Writ dated April 8, 1889. At the trial in the Superior Court, before Dunbar, J„ the jury returned a verdict for the plaintiff, and the defendant alleged exceptions, which sufficiently appear in the opinion. Other counsel than those for the defendant made the attachment in the original ease.
1Opinion of the CourtBarker, J.
The defendant contends that there was error in the admission and exclusion of evidence, and also in the instruction that, if the attorney acted maliciously when the matter was left with him for the purpose of bringing suit, the defendant was responsible for the malicious acts of his attorney in levying the excessive attachment, and must respond in damages in the same way as if the malice had been that of his own personal creation and exertion.*
*5731. The defendant now contends that, if his attorney without his knowledge or authority, and to gratify the personal malice of the attorney, made an…
2Cases cited4 opinions
- Levi v. BrooksMassachusetts Supreme Judicial Court · 1877
- Elmer v. FessendenMassachusetts Supreme Judicial Court · 1890
- Hayes v. Inhabitants of Hyde ParkMassachusetts Supreme Judicial Court · 1891
- Shattuck v. BillMassachusetts Supreme Judicial Court · 1886
3Cited by11 opinions
- Critzer Et Ux. v. DonovanSupreme Court of Pennsylvania · 1927
- Lopes v. ConnollyMassachusetts Supreme Judicial Court · 1912
- Italian Star Line, Inc. v. United States Shipping Board Emergency Fleet Corp.Court of Appeals for the Second Circuit · 1931
- Pion v. CaronMassachusetts Supreme Judicial Court · 1921
- Borley v. AllisonMassachusetts Supreme Judicial Court · 1902
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