Shaw v. Reed

Massachusetts Supreme Judicial Court

Shaw v. Reed

16 Mass. 450

CourtMassachusetts Supreme Judicial Court

DecidedOctober 15, 1820

StatusPublished

This text of 16 Mass. 450 (Shaw v. Reed) 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.

Bluebook

Shaw v. Reed, 16 Mass. 450 (Mass. 1820).

Pincite

Opinion

Per Curiam.

Trespass does not lie in this case, for the writ being good at the time it was served, the arrest was not tortious. The justice had jurisdiction of the cause, and it was only by reason of an event subsequent to the service of the writ, that it became inoperative. The plaintiff’s remedy is by an action of the case against the defendant, if the justice’s absence arose from his negligence ; or against the justice, if he was notified of the process, and voluntarily or negligently absented himself.

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Per Curiam.

Trespass does not lie in this case, for the writ being good at the time it was served, the arrest was not tortious. The justice had jurisdiction of the cause, and it was only by reason of an event subsequent to the service of the writ, that it became inoperative. The plaintiff’s remedy is by an action of the case against the defendant, if the justice’s absence arose from his negligence ; or against the justice, if he was notified of the process, and voluntarily or negligently absented himself.

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Bluebook (online)

16 Mass. 450, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shaw-v-reed-mass-1820.