Rice v. Austin
Massachusetts Supreme Judicial Court
This was trespass against the defendant, sheriff of the county of Middlesex, for taking 1650 feet of live oak timber, alleged to be the property of the plaintiff.
Read the full summary
This was trespass against the defendant, sheriff of the county of Middlesex, for taking 1650 feet of live oak timber, alleged to be the property of the plaintiff. The defendant pleaded the general issue, and filed a brief statement of his defence, according to the form of the statute; setting forth that he took and attached the timber, as the property of one Hugh Lindsay, by force of a writ of attachment * against him at the suit of one [ * 198 J Samuel Larned, and that the timber was the property of Lindsay, and not of the plaintiff. At the trial before Jackson, J., the deposition of Lindsay…
1Opinion of the CourtPutnam, J.
If the deposition of Lindsay should have been rejected, there ought to be a new trial. Two objections have been made to it. The first is that he was interested ; and, secondly, that it contradicts a written contract.
In regard to the first objection, it appears that the witness is *164indebted to the plaintiff, and also to the attaching creditor. If the plaintiff should prevail, the property attached will be applied towards his demand. If the defendant should prevail, it will go to reduce the demand of the attaching creditor. In contemplation of the law, it is indifferent to the debtor, which of…
2Cited by39 opinions
- Jewett v. WarrenMassachusetts Supreme Judicial Court · 1815
- Phillips v. BridgeMassachusetts Supreme Judicial Court · 1814
- Atlantic Coast Realty Co. v. TownsendSupreme Court of Virginia · 1919
- Kollock v. JacksonSupreme Court of Georgia · 1848
- Brewster v. HammetSupreme Court of Connecticut · 1823
34 more not listed; retrieve them via the Exa API.