Pullen v. Haynes

Decided October 15, 1858

Massachusetts Supreme Judicial Court · decided 1858-10-15

Scire facias against Nathan Haynes as trustee in foreign attachment of Charles E. Underwood. The officer returned upon the execution in the original suit that he had made demand upon Haynes to pay over all goods and effects belonging to Underwood in his hands, but that he had wholly neglected and refused so to do, and the execution was returned unsatisfied. Answer, that the defendant did offer to pay the amount in his hands to the officer, and the officer refused to take it.

Relies on Bean v. Parker · Bott v. Burnell · Slayton v. Inhabitants of Chester

Decided 1858-10-15

Metcalf, J.

¶1This defendant was one of the parties to the execution, the return of which by the officer be now attempts to disprove. But no rule of law is better settled than this, namely, that the return of an officer, as to all matters which are properly the subject of his return, is conclusive, so far as it affects parties and privies to the returned process. Their only remedy for a false return is by action against the officer. Slayton v. Chester, 4 Mass. 478. Bott v. Burnell, 11 Mass. 165. Winchell v. Stiles, 15 Mass. 230. Bern v. Parker, 17 Mass. 601. Tilden v. Johnson, 6 Cush. 358.

¶2Judgment for the plaintiff.