Clark v. Martin
Massachusetts Supreme Judicial Court
Replevin of a horse, buggy and harness attached by the defendant, as a deputy of the sheriff of Suffolk, on a writ against J. E. Goodwin, in favor of S. J. Elder.
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Replevin of a horse, buggy and harness attached by the defendant, as a deputy of the sheriff of Suffolk, on a writ against J. E. Goodwin, in favor of S. J. Elder. At the trial in the Superior Court, before Bacon, J., it appeared by the return of the officer in the last named suit that the attachment was made on June 13, 1874, and that the property was replevied from him on the same day; and it further appeared, from the return indorsed on the replevin writ, that *he property was delivered to the plaintiff on June 16, 1874. It was in evidence that the property was purchased by the plaintiff a…
1Opinion of the CourtLord, J.
Two exceptions were taken in this case, neither of which can be sustained. The ruling of the presiding judge was correct upon the question of damages. The evidence is not reported for the purpose of showing whether the plaintiff was entitled to other than nominal damages for the detention of the property, and the rule laid down by the court was the correct one.
*545The property replevied had been conveyed to the plaintiff. Her title to it was good as against every person except a creditor of Goodwin. It was only as a creditor of Goodwin that Elder coidd direct the officer to attach it, and the…
2Cited by6 opinions
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- Boston Loan Co. v. MyersMassachusetts Supreme Judicial Court · 1887
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