Plaisted v. Hair
Massachusetts Supreme Judicial Court
Replevin of twenty tons of hay. Writ dated December 9, 1886. Answer, a general denial, and that the defendant, a deputy sheriff, attached the hay on a writ wherein one Knight was plaintiff and William L. Plaisted and William M. Plaisted, formerly copartners, were defendants. Trial in the Superior Court, without a jury, before Dewey, J., who allowed a bill of exceptions, in substance as follows.
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Replevin of twenty tons of hay. Writ dated December 9, 1886. Answer, a general denial, and that the defendant, a deputy sheriff, attached the hay on a writ wherein one Knight was plaintiff and William L. Plaisted and William M. Plaisted, formerly copartners, were defendants. Trial in the Superior Court, without a jury, before Dewey, J., who allowed a bill of exceptions, in substance as follows. In May, 1885, the plaintiff became the owner of a farm in Oxford, together with oxen, horses, cows, and other personal property thereon, and had lived on it with her husband, William L. Plaisted, since…
1Opinion of the CourtField, J.
It is settled that hay in a barn on a farm can be attached in an action at law against the owner of the hay. Campbell v. Johnson, 11 Mass. 184. Cheshire National Bank v. Jewett, 119 Mass. 241.
*277It is not, perhaps, entirely clear from the exceptions whether the judge who heard this case, without a jury, found for the defendant on the ground that the burden was on the plaintiff to prove that a certificate had been recorded such as is required by the Pub. Sts. c. 147, § 11, and that, this not having been shown, the property, although the wife’s, was liable to be attached by a creditor of the…
2Cases cited8 opinions
- Warner v. AbbeyMassachusetts Supreme Judicial Court · 1873
- Delaney v. RootMassachusetts Supreme Judicial Court · 1868
- Bancroft v. CurtisMassachusetts Supreme Judicial Court · 1871
- Orcutt v. MooreMassachusetts Supreme Judicial Court · 1883
- Heald v. Builders' Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1872
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3Cited by5 opinions
- Kirchgassner v. RodickMassachusetts Supreme Judicial Court · 1898
- Colbert v. RickerMassachusetts Supreme Judicial Court · 1943
- Southworth v. EdmandsMassachusetts Supreme Judicial Court · 1890
- Jones v. KilfetherAppellate Court of Illinois · 1957
- Jones v. KilfetherAppellate Court of Illinois · 1957