Oystead v. Shed
Massachusetts Supreme Judicial Court
Trespass for breaking and entering the plaintiff’s dwellinghouse, taking and carrying away his goods, &c. The defendant, Shed, justified as a deputy sheriff, and the others, as his assistants, pleaded severally.
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Trespass for breaking and entering the plaintiff’s dwellinghouse, taking and carrying away his goods, &c. The defendant, Shed, justified as a deputy sheriff, and the others, as his assistants, pleaded severally. The questions in the case arose on the replication to the third plea by them respectively pleaded, in which plea each of the said other defendants sets out at large a capias awarded against one Chase, delivered to Shed, an officer having authority to serve the same, and alleges, that the said officer being about 10 arrest Chase, he fled into the house of the plaintiff, who, upon a…
1Opinion of the CourtParker, C. J.
The question submitted to us in this case is, whether the plaintiff’s replication to the third plea in bar is sufficient, in form and substance, to avoid the defence stated in the bar.
[Here his Honor recited the substance of the plea and replication.]
*To this replication there is a special demurrer; and the principal cause of demurrer relied upon is, that it is *416bad in substance ; because, after alleging a new fact, which of itself would be an answer to the bar, if not traversed, there is a traverse of a material fact alleged in the bar, namely, the flight of Chase into the house, when the…
2Cited by18 opinions
- Carpenter v. United StatesSupreme Court of the United States · 2018
- Commonwealth v. CundriffMassachusetts Supreme Judicial Court · 1980
- Robbins v. Bangor Railway & Electric Co.Supreme Judicial Court of Maine · 1905
- Dodge v. Boston & Providence RailroadMassachusetts Supreme Judicial Court · 1891
- Day v. City of LawrenceMassachusetts Supreme Judicial Court · 1897
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