Legal Opinion

Widgery v. Haskell

Massachusetts Supreme Judicial Court

Decided March 15, 1809PublishedCited by 27 opinions

This was an action of replevin, pending in the county of Bristol, in which the defendant is charged with having wrongfully taken and detained the ship Mac, her tackle, apparel, and furniture, and also her cargo, consisting of 422 tons of salt, and-tons of coal, the property of the plaintiffs.

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This was an action of replevin, pending in the county of Bristol, in which the defendant is charged with having wrongfully taken and detained the ship Mac, her tackle, apparel, and furniture, and also her cargo, consisting of 422 tons of salt, and-tons of coal, the property of the plaintiffs. The defendant pleaded that at the time of taking, the ship, &c. were the property of John Taber &f Son, of * Portland, [ * 145 ] and traversed the property of the plaintiffs, and on the traverse issue was taken and joined.

1Opinion of the Court

The opinion of the Court was delivered by

Parsons, C. J.

[After stating the facts from the report of the judge who sat in the trial, and the papers referred to therein.] At the trial, the plaintiffs insisted that the defendant should be holden to prove Barker’s debt, and the judge directed otherwise (a). The defendants also offered a witness whom the judge rejected as interested. These points are not before the Court, for it is agreed that a verdict shall be entered for either of the parties, according to the opinion of the Court on this question, whether the plaintiffs have, from the facts…

2Cited by27 opinions

  1. Brooks v. MarburySupreme Court of the United States · 1826
  2. Halsey v. FairbanksU.S. Circuit Court for the District of Massachusetts · 1826
  3. Caldwell v. WilliamsIndiana Supreme Court · 1849
  4. Faulkner v. HymanMassachusetts Supreme Judicial Court · 1886
  5. Edrington v. RogersTexas Supreme Court · 1855

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