Leonard v. Hannon
Massachusetts Supreme Judicial Court
Replevin of household furniture. At the term of the superior court at which the action was entered, the defendant moved to dismiss it for want of jurisdiction; and Dewey, J., by consent of the parties, reported the question, before verdict, for the determination of this court, on facts which are stated in the opinion.
1Opinion of the CourtMorton, J.
The jurisdiction of the superior court, in an action of replevin for goods, depends upon the value of the goods replevied at the time of suing out the writ. If this value does not exceed twenty dollars, the court has no jurisdiction. Gen. Sts. c. 143, §§ 10,11. Davenport v. Burke, 9 Allen, 116. And whenever it appears, either upon a plea in abatement, or at the trial, or otherwise, that in fact the value does not exceed twenty dollars, it is the duty of the court to dismiss the action as not being within its jurisdiction. Davenport v. Burke, ubi supra. King v. Dewey, 11 Cush. 218. Sackett v.…
2Cited by5 opinions
- Litchman v. PotterMassachusetts Supreme Judicial Court · 1874
- People's Sec. Bank v. SandersonSouth Dakota Supreme Court · 1909
- Gray v. DeanMassachusetts Supreme Judicial Court · 1883
- Blake v. DarlingMassachusetts Supreme Judicial Court · 1874
- Octo v. TeahanMassachusetts Supreme Judicial Court · 1882