Washington Ice Co. v. Webster
Supreme Judicial Court of Maine
ON EXCEPTIONS AND MOTION. Replevin of 3,800 tons of ice at Boothbay, stated in 62 Maine, 341, as the case first came before the law court, where it was decided that the defendant recover and that he have damages assessed in this action if he so elect. Afterwards at the April term, 1875, the officer by leave of court to amend his return according to the facts, made the following amended return dated, Lincoln ss. August 13, A. D. 1870, and signed Thomas Boyd, deputy sheriff.
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ON EXCEPTIONS AND MOTION. Replevin of 3,800 tons of ice at Boothbay, stated in 62 Maine, 341, as the case first came before the law court, where it was decided that the defendant recover and that he have damages assessed in this action if he so elect. Afterwards at the April term, 1875, the officer by leave of court to amend his return according to the facts, made the following amended return dated, Lincoln ss. August 13, A. D. 1870, and signed Thomas Boyd, deputy sheriff. “ By virtue of this writ, having first taken a bond as prescribed by law, 1 have this day replevied all the ice by me…
1Opinion of the CourtAppletoN, C. J.
When this cause was first tried, the presiding justice was of opinion that the action was not maintainable, and that the defendant’s claim for damages for the plaintiffs’ unlawful taking could only be determined in a suit upon the replevin bond. By agreement of parties, the case was withdrawn from the jury, to be reported to the full court. If the action could not be maintained upon the evidence offered and introduced by the plaintiffs, a nonsuit was to be entered. If the action could be maintained, it was to stand for trial; and the court were also authorized to pass upon the several…
2Cases cited7 opinions
- Dana v. . FiedlerNew York Court of Appeals · 1854
- Whitney v. ThacherMassachusetts Supreme Judicial Court · 1875
- Suydam v. Jenkins, SheriffThe Superior Court of New York City · 1850
- Burt v. WigglesworthMassachusetts Supreme Judicial Court · 1875
- Gregory v. McDowelNew York Supreme Court · 1832
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3Cited by10 opinions
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- I. Tanenbaum Son & Co. v. C. Ludwig Baumann & Co.New York Court of Appeals · 1933
- Three States Lumber Co. v. BlanksCourt of Appeals for the Sixth Circuit · 1904
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