Massachusetts Supreme Judicial Court October 15, 1852 (Butterfield v. Clemence)

Dewey, J.

The court have no doubt of the corren.tness of the position taken by the counsel for the defendant, that an attaching officer must retain either the actual or constructive possession of the goods attached, to prevent a second attachment of the same goods by another officer from taking effect as a valid attachment. But the present case differs from those cited by the counsel.