Phelps v. Campbell
This text of 18 Mass. 59 (Phelps v. Campbell) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
There 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
Defendant defaulted.
Free access — add to your briefcase to read the full text and ask questions with AI
Cite This Page — Counsel Stack
18 Mass. 59, Counsel Stack Legal Research, https://law.counselstack.com/opinion/phelps-v-campbell-mass-1822.