Marston v. Baldwin
Massachusetts Supreme Judicial Court
This was replevin for a quantity of rum and other goods of the value of 594 dollars. The defendant pleaded property in one Stephen Holt; and that he, as a deputy sheriff, attached the same on an original writ in favor of one Babcock against the said Holt. The plaintiff replied property in himself, upon which issue was joined.
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This was replevin for a quantity of rum and other goods of the value of 594 dollars. The defendant pleaded property in one Stephen Holt; and that he, as a deputy sheriff, attached the same on an original writ in favor of one Babcock against the said Holt. The plaintiff replied property in himself, upon which issue was joined. Trial of this issue was had before Putnam, J., at the last November term in this county ; when it was admitted that the property was in the plaintiff, unless he had transferred it absolutely to Holt before the attachment. The merchandize had been delivered to him; but…
1Opinion of the CourtWilde, J.
One objection to the form of the action, made at the trial by the defendant’s counsel, has been very properly waived; for it has been repeatedly determined by this Court that replevin lies for goods unlawfully detained, although there may have been no tortious taking. Such is clearly the law of Massachusetts, whatever may be the law of England. By the terms of the writ the officer is commanded to replevy the goods and chattels claimed by the plaintiff, whether “ taken, detained or. attached, (as the case maybe).” This mandatory clause in the writ, the form of it being prescribed by statute, *494we…
2Cases cited5 opinions
- Badger v. PhinneyMassachusetts Supreme Judicial Court · 1819
- Hussey v. ThorntonMassachusetts Supreme Judicial Court · 1808
- Ilsley v. StubbsMassachusetts Supreme Judicial Court · 1809
- Baker v. FalesMassachusetts Supreme Judicial Court · 1819
- Meany v. HeadU.S. Circuit Court for the District of Massachusetts · 1817
3Cited by7 opinions
- Parke & Lacy Co. v. White River Lumber Co.California Supreme Court · 1894
- Cutter v. WhittemoreMassachusetts Supreme Judicial Court · 1813
- Lewis v. CraftOregon Supreme Court · 1901
- Mohler v. Guest Piano Co.Supreme Court of Iowa · 1919
- Herrick v. JohnsonMassachusetts Supreme Judicial Court · 1846
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