Public-domain · open source
OpenJurist

18 Mass. 59

Phelps v. Campbell

Massachusetts Supreme Judicial Court

Decided September 15, 1822

Massachusetts Supreme Judicial Court · decided 1822-09-15

Thi s case came before the Court on the following statement of facts, agreed upon by the parties. The plaintiff, as sheriff of the county of Hampden, by virtue of a writ in the name of one Fowler against one Morgan, on the 27th Decemher 1819, attached four horses, the property of Morgan, who was present at the time of the attachment, but declined procuring them to be receipted for.

Decided 1822-09-15

Per Curiam.

¶1There is no question of the right of the plaintiff in this action to recover. The defendant gave him a writ against Morgan, with special directions to attach the horses. The plaintiff accordingly attached them, and has paid the expenses of their keeping. It has been urged, and cases have been cited to prove, that a defendant is bound to support his cattle when under an attachment. This is true, where judgment is rendered against such defendant; but in the suit against Morgan, the judgment was given in his favor. Campbell has been the cause of the expenses incurred by the officer, and he is bound to reimburse him.1

¶2Defendant defaulted.

¶3 See Twombly v. Hunewell, 2 Greenl. 221.

/18/mass/59 · .json · Public domain