Legal Opinion

Powell v. Hinsdale

Massachusetts Supreme Judicial Court

Decided September 15, 1809PublishedCited by 12 opinions

1 his was a replevin of sundry chattels. The defendant avows the taking them, as a deputy sheriff, in virtue of several writs of attachment against one J. Hall. The. plaintiff pleads in bar of the avowry, that the property of the chattels was in himself at the time when, &c., upon which he tendered an issue, which was joined.

1Opinion of the Court

A verdict was found that part of the chattels were the property of the plaintiff, and part not. Upon which the parties moved the Court to direct the clerk as to the taxation of the costs; and the action standing continued nisi for advisement on this motion, the opinion of the Court was delivered at the succeeding March term, in Boston, by

Gold, for the plaintiff. Williams, for the defendant. Parsons, C. J.

By the general rule derived from the express provision of the statute of 1784, c. 28. § 9., * the [ * 344 ] party prevailing in all civil actions shall have costs.

In replevin each party may…

2Cited by12 opinions

  1. Poor v. WoodburnSupreme Court of Vermont · 1853
  2. Town of Nantucket v. MitchellMassachusetts Supreme Judicial Court · 1930
  3. Vinal v. SpoffordMassachusetts Supreme Judicial Court · 1885
  4. Easton v. WorthingtonSupreme Court of Pennsylvania · 1819
  5. Agency of Canadian Cab & Foundry Co. v. Pennsylvania Iron Works Co.Court of Appeals for the Third Circuit · 1919

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