Legal Opinion

Wright v. Quirk

Massachusetts Supreme Judicial Court

Decided September 15, 1870PublishedCited by 14 opinions

Contract on a replevin bond taken by a deputy of the sheriff of Hampshire, from whom property attached by him on the write in two actions against John Quirk was replevied by this defend ant Patrick Quirk.

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Contract on a replevin bond taken by a deputy of the sheriff of Hampshire, from whom property attached by him on the write in two actions against John Quirk was replevied by this defend ant Patrick Quirk. At the trial in the superior court at October term 1869, Scudder, J., by consent of the parties, withdrew the case from the jury, and reported it under the St. of 1869, c. 488.* The report, of which the papers mentioned therein, and the pleadings, were made parts, was as follows : “ It appeared that none of the articles taken on the replevin writ had ever been returned to the plaintiff, nor…

1Opinion of the Court

By the Court.

The report is imperfect in not stating or showing what questions arose in the superior court or were intended to be reported for the determination of this court.

Report dismissed.

The case was tried again in the superior court at October term 1870, and a verdict returned for the plaintiff, before Rockwell, J., who allowed the following bill of exceptions:

“ It appeared that the plaintiff, as deputy sheriff, had attached the replevied property in two actions of contract against John Quirk ; that after such attachments the same was replevied from him by Patrick Quirk; that judgments…

2Cases cited4 opinions

  1. Commonwealth v. DorseyMassachusetts Supreme Judicial Court · 1869
  2. Mattoon v. PearceMassachusetts Supreme Judicial Court · 1815
  3. Clap v. GuildMassachusetts Supreme Judicial Court · 1811
  4. Leighton v. BrownMassachusetts Supreme Judicial Court · 1868

3Cited by14 opinions

  1. Daddario v. City of GloucesterMassachusetts Supreme Judicial Court · 1952
  2. Rogers v. AbbotMassachusetts Supreme Judicial Court · 1910
  3. Atherton v. EmersonMassachusetts Supreme Judicial Court · 1908
  4. Smith v. LincolnMassachusetts Supreme Judicial Court · 1908
  5. Crowe v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1922

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