O'Loughlin v. Bird
Massachusetts Supreme Judicial Court
Replevin of goods alleged to be $100 in value, and appearing by the appraisers’ certificate to be $22 in value. Writ dated October 14, 1879, returnable to the Municipal Court of Boston.
Read the full summary
Replevin of goods alleged to be $100 in value, and appearing by the appraisers’ certificate to be $22 in value. Writ dated October 14, 1879, returnable to the Municipal Court of Boston. On the third day after the entry of the action in that court, the defendant filed the following answer: “ And the defendant comes and says that his name is Francis W. Bird, and not Frank W. Bird, and therefore he ought not to be held to answer to the plaintiff’s writ; and further answering says that the actual value of the whole property described in the plaintiff’s writ, at the suing out thereof, did not…
1Opinion of the CourtGray, C. J.
If a defendant pleads in abatement of the writ, and to the merits of the action, in the proper order, the fact that both pleas are filed at the same time, and even upon the same paper, does not, in this Commonwealth, operate as a waiver of the plea in abatement, if seasonably filed. This mode of pleading is often convenient to both parties; to the defendant by stating, and to the plaintiff by giving him notice of, all the defences on which the defendant intends successively to rely, if the trial and judgment upon the first shall not dispose of the whole case; and it is sanctioned by a usage…
2Cases cited5 opinions
- Campbell v. StilesMassachusetts Supreme Judicial Court · 1812
- Fisk v. CushmanMassachusetts Supreme Judicial Court · 1850
- Fisher v. FraprieMassachusetts Supreme Judicial Court · 1878
- Young v. GillesMassachusetts Supreme Judicial Court · 1873
- Machinists' National Bank v. DeanMassachusetts Supreme Judicial Court · 1878
3Cited by14 opinions
- Young v. DuncanMassachusetts Supreme Judicial Court · 1914
- Reynolds v. Missouri, Kansas & Texas Railway Co.Massachusetts Supreme Judicial Court · 1916
- Larned v. GriffinU.S. Circuit Court for the District of Massachusetts · 1882
- Craig Silver Co. v. SmithMassachusetts Supreme Judicial Court · 1895
- Oliver Ditson Co. v. TestaMassachusetts Supreme Judicial Court · 1913
9 more not listed; retrieve them via the Exa API.