Legal Opinion
Kennedy v. Langdon
Massachusetts Supreme Judicial Court
Decided September 12, 1877PublishedCited by 2 opinions
Replevin. In the Superior Court, on appeal, the defendant filed a motion to dismiss the action, on the ground, among others not material to be stated, that there had been no legal service of the writ upon the defendant. Bacon, J., sustained the motion on all the grounds assigned; and the plaintiff alleged exceptions.
1Opinion of the Court
By the Court.
One ground of the judgment of the Superior Court, sustaining the motion to dismiss the" action, was the insufficiency of the service of the writ. Its decision upon that ground was final, and not a subject of exception. Gen. Sts. c. 115, § 7. Smith v. Dexter, 121 Mass. 597. We need not therefore consider the other grounds assigned. .
Exceptions overruled
2Cases cited1 opinion
- Smith v. DexterMassachusetts Supreme Judicial Court · 1877
3Cited by2 opinions
- Kimball v. SweetMassachusetts Supreme Judicial Court · 1897
- Smith v. FergusonMassachusetts Supreme Judicial Court · 1897