Smith v. Dexter
Massachusetts Supreme Judicial Court
Replevin, addressed to the sheriff of Dukes County or his deputy, and commanding him to replevy certain property described, “ belonging to Howard M. Smith, infant, of Tisbury, by his next friend, Edward T. T. Smith, of Tisbury, plaintiff, now held by Jason L. Dexter, of Edgartown, and deputy sheriff of Dukes County.”
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Replevin, addressed to the sheriff of Dukes County or his deputy, and commanding him to replevy certain property described, “ belonging to Howard M. Smith, infant, of Tisbury, by his next friend, Edward T. T. Smith, of Tisbury, plaintiff, now held by Jason L. Dexter, of Edgartown, and deputy sheriff of Dukes County.” The writ was served by the sheriff; and the bond to the defendant, taken and returned by him, purported in the body thereof to be made by “ Howard M. Smith, infant, by his next friend Edward T. T. Smith, as principal,” and by two sureties. At the first term, the defendant filed a…
1Opinion of the CourtGray, C. J.
Thq objections to the authority of the officer who served the writ, and to the form of the replevin bond taken in the course of the service, could not properly be made by demurrer, but only by answer in abatement or motion to dismiss, upon either of which the decision of the court below would be final. Docmanny v. Davenant, 6 Mod. 198; S. C. 1 Salk. 220. Bullythorpe v. Turner, Willes, 475, 479. Cooke v. Gibbs, 3 Mass. 193, 196. Browning v. Bancroft, 5 Met. 88. Houghton v. Ware, 113 Mass. 49. Gen. Sts. c. 114, § 10; c. 115, § 7. The irregular form of presenting these questions to that court,…
2Cases cited2 opinions
- Cooke v. GibbsMassachusetts Supreme Judicial Court · 1807
- Houghton v. WareMassachusetts Supreme Judicial Court · 1873
3Cited by3 opinions
- Tyler v. Boot & Shoe Workers UnionMassachusetts Supreme Judicial Court · 1933
- Kennedy v. LangdonMassachusetts Supreme Judicial Court · 1877
- McPartlant v. SielianMassachusetts District Court, Appellate Division · 1949