O'Neil v. Bailey
Supreme Judicial Court of Maine
ON EXCEPTIONS. Beplevim of furniture, on writ made one day and dated and served the next, where the plea was the general issue with a brief statement of property in the defendants and not in the plaintiff, and a ruling of the presiding justice that if the property was lawfully iu possession of defendants a demand was necessary before action commenced, more fully stated in the opinion.
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ON EXCEPTIONS. Beplevim of furniture, on writ made one day and dated and served the next, where the plea was the general issue with a brief statement of property in the defendants and not in the plaintiff, and a ruling of the presiding justice that if the property was lawfully iu possession of defendants a demand was necessary before action commenced, more fully stated in the opinion. The verdict was for the defendants; and the plaintiff alleged exceptions. contended a demand was not necessary, and if it were, it was seasonably made.
1Opinion of the CourtAppletoN, C. J.
This is an action of replevin. The writ was made August 26, and dated August 27, 1877.
The plaintiffs’ attorney testified that he went with an officer to the defendants’ bouse, took the writ from the officer, demanded the articles replevied, which were refused, then handed the same to the officer by whom the service was made.
The court instructed the jury, “ that if tbe goods were lawfully in the possession of the defendants at the time the action was brought, although the plaintiff may have been the owner of the property, yet he could not maintain his action until he made a formal demand for…
2Cases cited2 opinions
- Badger v. PhinneyMassachusetts Supreme Judicial Court · 1819
- Grimes v. BriggsMassachusetts Supreme Judicial Court · 1872
3Cited by1 opinion
- Denver Live Stock Commission Co. v. ParksSupreme Court of Colorado · 1907