Bond v. Ward
Massachusetts Supreme Judicial Court
This was an action of the case against the defendant, for the negligence and misfeasance of William Caldwell, his deputy.
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This was an action of the case against the defendant, for the negligence and misfeasance of William Caldwell, his deputy. Upon a trial had before the chief justice, at the sittings after the last October term, in this county, upon the general issue, a verdict was found for the plaintiff, by the consent of the parties, subject to the opinion of the Court upon a case stated ; it being agreed that the verdict might be amended or set aside," as the opinion of the Court should be upon the facts in the case. It appears, from the case, that the plaintiff sued his writ against one Daniel Goulding,…
1Opinion of the Court
The cause stood over nisi, and at the following November term in Suffolk, the opinion of the Court was delivered by
Parsons, C. J.
(after giving a summary of the facts, and of the several objections made by the defendant’s counsel.) We shall consider these objections in their order, after making some observations on the duty of an officer having a writ to serve.
And it is our opinion, that when there is any reasonable ground to induce an officer to believe, that in making an attachment, or in seizing upon execution, he may mistake, and expose himself to an action for damages, by attaching or…
2Cases cited1 opinion
- White v. DingleyMassachusetts Supreme Judicial Court · 1808
3Cited by48 opinions
- Penoyar v. . KelseyNew York Court of Appeals · 1896
- Lehman, Durr & Co. v. Kelly & Bro.Supreme Court of Alabama · 1880
- Nelson v. CookIllinois Supreme Court · 1856
- Phillips & Brown v. HallNew York Supreme Court · 1832
- Lebowitz v. Forbes Leasing and Finance CorporationDistrict Court, E.D. Pennsylvania · 1971
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