Cooke v. Gibbs
Massachusetts Supreme Judicial Court
Debt on a judgment of the Court of Common Pleas, for this county. The writ directs the sheriff to attach the goods or estate of the defendant, and to summon him to appear, &c.
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Debt on a judgment of the Court of Common Pleas, for this county. The writ directs the sheriff to attach the goods or estate of the defendant, and to summon him to appear, &c. The declaration, after reciting the judgment, and alleging that four several executions issued upon it, goes on to state the delivery of the fourth to the sheriff, who committed the defendant to prison, from whence he was afterwards, in due course of law, liberated by force of “ an act for the relief of poor prisoners who are committed by execution for debt” (1). The defendant demurs to the declaration, and assigns the…
1Opinion of the CourtParker, J.
To the writ in this case the defendant objects, that under the circumstances, which the plaintiff has seen fit to recite in his declaration, he had no authority to attach certain articles which are protected by statute, and therefore those articles ought to have been recited as exempt from attachment. I do not perceive much force in this objection. The officer, who serves the precept, must be presumed to know the law in this case. But whether the writ is or is not made conformable to law, this is no proper cause of a demurrer to the declaration.
*The statute provides that a judgment,…
2Cited by11 opinions
- Harmon v. SweetMassachusetts Supreme Judicial Court · 1915
- Barry v. New York Holding & Construction Co.Massachusetts Supreme Judicial Court · 1918
- Fletcher v. BaxterSupreme Court of Vermont · 1827
- Bumpus v. MaynardNew York Supreme Court · 1861
- Achorn v. MatthewsSupreme Judicial Court of Maine · 1854
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