Octo v. Teahan
Massachusetts Supreme Judicial Court
Replevin of certain' personal property. The writ, dated March 5, 1881, and returnable to the Superior Court, alleged the goods to be of the value of $100. At the trial, it appeared that the value of the property when replevied was $28.65; and thereupon, on motion of the defendant, Putnam, J. dismissed the action for want of jurisdiction. Judgment was entered for the defendant; and the plaintiff appealed ■to this court.
1Opinion of the CourtMorton, C. J.
In this Commonwealth, an action of replevin for goods cannot be maintained unless the value of the goods exceeds twenty dollars. Gen. Sts. c. 143, § 10. Pub. Sts. c. 184, § 10. King v. Dewey, 11 Cush. 218.
By the General Statutes, the Superior Court had original jurisdiction of all actions of replevin where the value of the goods replevied exceeded twenty dollars; and police courts and justices of the peace had concurrent jurisdiction where the value of the goods did not exceed one hundred dollars. Gen. Sts. c. 114, §§3,4; c. 116, §§ 10, 18; c. 120, § 2.
In 1871, it was provided that the police…
2Cases cited2 opinions
- Leonard v. HannonMassachusetts Supreme Judicial Court · 1870
- Blake v. DarlingMassachusetts Supreme Judicial Court · 1874
3Cited by2 opinions
- Gray v. DeanMassachusetts Supreme Judicial Court · 1883
- Bossidy v. BranniffMassachusetts Supreme Judicial Court · 1883