Calnan v. Stern
Massachusetts Supreme Judicial Court
Replevin of a horse, buggy, harness, and robe. Trial in the Superior Court, without a jury, before Bishop, J., who found for the plaintiffs, and reported the case for the determination of this court. If the plaintiffs were not entitled to maintain the action, judgment was to be entered for the defendant; otherwise, judgment was to be entered upon the finding. The facts appear in the opinion.
1Opinion of the CourtHolmes, J.
This is an action of replevin. The defendant, a constable, had attached the chattels in question as the property ofya third person, and the plaintiffs replevied them on March 22, 1888. Their action was dismissed on December 4, 1888, without any order of return. In the middle of the following January they sent the chattels to the stable from which they were *414taken, and notified the defendant that the property had been returned, and was subject to his order. The defendant refused to receive it, but on January 19, 1889, this action was brought.
When the property was delivered to the plaintiffs in…
2Cases cited3 opinions
- White v. DolliverMassachusetts Supreme Judicial Court · 1873
- McHugh v. RobinsonWisconsin Supreme Court · 1888
- Case & Co. v. WolebenSupreme Court of Iowa · 1879
3Cited by1 opinion
- Jawitz v. ReitmanAppellate Terms of the Supreme Court of New York · 1926