O'Brien v. Annis

• Decision Date: 04 March 1876
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court
• Parties: Michael O'Brien v. Perley W. Annis & another

120 Mass. 143

Michael O'Brien v. Perley W. Annis & another

Supreme Court of Massachusetts

March 4, 1876

Middlesex. Tort for an illegal arrest and imprisonment. Trial in the Superior Court, without a jury, before Brigham, C. J., who allowed a bill of exceptions in substance as follows:

Kendall H. Blanchard, one of the defendants, recovered judgment before a justice of the peace of Middlesex County, against the plaintiff, on January 12, 1874, and, upon an execution issued upon the judgment, and an affidavit for arrest, made on February 28, 1874, the defendant Annis arrested the plaintiff on March 11, 1874.

The execution, dated January 12, 1874, after reciting the judgment and the award of execution against the goods effects and credits of the defendant in the hands of Frank Miles and Orin Hanscom, trustees of the defendant, commanded the officer "that of the goods and chattels of the said defendant in his own hands and possession, and of the goods effects and credits of the said defendant in the hands and possession of said trustees jointly and severally, you cause to be paid and satisfied unto the said plaintiff, at the value thereof in money, the aforesaid sums, being thirty-four dollars and twenty-one cents in the whole, together with interest thereon from the said date, with twenty-five cents more for this writ, and thereof also to satisfy yourself for your own fees; and for want of such goods and chattels of the said defendant in his own hands and possession to be by him shown unto you, or found in your precinct, to the acceptance of the said plaintiff; and for want of goods; effects and credits of the said defendant in the hands and possession of the said trustees, to be by them discovered and exposed to you, to satisfy the several sums aforesaid, together with interest thereon from the said date, with your own fees, we command you to take the body of the said defendant, and him commit unto either of our jails in our county of Middlesex aforesaid, and detain in your custody within our said jail until he pay the full sums above mentioned, with your fees or that he be discharged by the said plaintiff creditor, or otherwise by order of the law."

The officer's return, under date of March 13, 1874, was as follows: "By virtue hereof I made demand on the 14th day of January last past upon the within named Frank Miles and Orin Hanscom to expose and exhibit to me any goods, effects or credits in their hands or possession at the time of the service of the original writ in this action belonging to the within named Michael O'Brien, whereupon I might levy and satisfy this execution, or any part thereof, and they then and there neglected and refused to exhibit or show me any. And I made diligent search after the goods and effects of the within named Michael O'Brien, but could find none in my precinct belonging to him, and afterwards, on the 11th day of March now current, by virtue of this execution and certificate hereto annexed, and for want of goods or estate of the said Michael O'Brien that I could find in my precinct, and for want of any goods, effects or credits of the said Michael O'Brien, in the hands or possession of the within named trustees, disclosed and exposed to...