Field v. Fletcher
Massachusetts Supreme Judicial Court
Replevin by a deputy sheriff. Writ in the District Court of East Norfolk dated May 23,1904. On appeal to the Superior Court the case was tried before Hitchcock, J., who at the close of the plaintiff’s case ruled that the plaintiff was not entitled to maintain his action, and ordered a verdict for the defendant, with damages to the defendant to be assessed for the taking and retention of the property since the date of the writ. The plaintiff alleged exceptions.
1Opinion of the CourtKnowlton, C. J.
The plaintiff, as a deputy sheriff, brought this action of replevin, to obtain property claimed by him under *495an execution against a party other than the defendant, which had been put in his hands for collection. He levied upon the property, which consisted of two large disks of iron that weighed two tons each, and some shafts, pipes, skids and rails. An attachment of it had been made by him on the original writ, and in his return on the writ he described it as one stone grinding machine, together with frames and connections. By reason of the bulk of the articles the attachment was made by…
2Cases cited6 opinions
- Lane v. JacksonMassachusetts Supreme Judicial Court · 1809
- Caldwell v. EatonMassachusetts Supreme Judicial Court · 1809
- Taylor v. MoranCourt of Appeals of Kentucky · 1862
- Barry v. O'BrienMassachusetts Supreme Judicial Court · 1870
- Stanley v. NealeMassachusetts Supreme Judicial Court · 1867
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Wylie v. MarinofskyMassachusetts Supreme Judicial Court · 1909
- Downey v. Bay State Street RailwayMassachusetts Supreme Judicial Court · 1916
- Titcomb v. Bay State Grocery Co.Massachusetts Supreme Judicial Court · 1926
- Dunbar-Laporte Motor Co. v. DesrocherMassachusetts Supreme Judicial Court · 1924
- Doody v. CollinsMassachusetts Supreme Judicial Court · 1916
3 more not listed; retrieve them via the Exa API.