Lawry v. Ellis
Supreme Judicial Court of Maine
On exceptions. This was an action of replevin of ten tons of hay claimed to have been bought by the plaintiff at a sale on execution against the defendant Ellis. Plea, general issue and brief statement that the hay was the property of the other defendant, Pierce, and not the property of the plaintiff. At the conclusion of the plaintiff’s testimony, the court ordered a nonsuit, and he took exceptions. The case is stated in the opinion.
1Opinion of the CourtLibbey, J.
Replevin of ten tons of hay. The pleadings put the title of the plaintiff in issue. After the plaintiff introduced his evidence and stopped, a nonsuit was ordered by the court, and the case is here on plaintiff’s exceptions to that order; and the question is whether the plaintiff proved sufficient title and right of possession to maintain his action when it was commenced. We think not.
The facts as shown by the return of the officer and by his testimony are as follows: On the 17th day of October, 1891, plaintiff put into the hands of Smith, constable of Charleston, *501the execution in evidence…
2Cases cited1 opinion
- Keeler v. GoodwinMassachusetts Supreme Judicial Court · 1873
3Cited by1 opinion
- American Factors, Ltd. v. GossCalifornia Court of Appeal · 1925