Moors v. Parker
Massachusetts Supreme Judicial Court
This was an action of trespass for taking, carrying away, detaining and converting certain goods and. chattels of the plaintiff. The defendants jointly plead the general issue, which is joined by the plaintiff. They also plead jointly in bar to all the trespass, but the force and arms and whatever is against *the [ * 311 ] peace.
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This was an action of trespass for taking, carrying away, detaining and converting certain goods and. chattels of the plaintiff. The defendants jointly plead the general issue, which is joined by the plaintiff. They also plead jointly in bar to all the trespass, but the force and arms and whatever is against *the [ * 311 ] peace. The material facts alleged in the bar are, that the goods were the property of Parker, one of the defendants; that he sued out a replevin directed to a coroner (the plaintiff being a deputy sheriff) to replevy the goods, which writ is described to be of the form…
1Opinion of the Court
Parsons, C. J.,
recited the substance of the declaration and plea, and added:—Among the causes of demurrer, there are two which go to the substance of the bar, and two which go to the form.
The first cause is, that there is no allegation that the coroner had taken a replevin bond in the form prescribed by law, without which bond the coroner himself could not justify the delivery of the goods; the bar only recites the return, in which he says, “Having taken the bond, which I return,” without adding any description of the bond.
The second cause is, that the plea in bar does not allege that the…
2Cases cited2 opinions
- Morse v. HodsdonMassachusetts Supreme Judicial Court · 1809
- Cady v. EgglestonMassachusetts Supreme Judicial Court · 1814
3Cited by16 opinions
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- McKinstry v. CollinsSupreme Court of Vermont · 1904
- Jennison v. HaireMichigan Supreme Court · 1874
- Poulk v. SlocumIndiana Supreme Court · 1834
- State v. Florida Central RailroadSupreme Court of Florida · 1876
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