Bruce v. Learned
Massachusetts Supreme Judicial Court
This action was replevin for a horse. The defendant pleaded property in himself in bar, and prayed judgment for a return and damages for the detention. The plaintiff, in his replication, affirmed the property to be in himself, and on this the parties were at issue. A verdict was found for the defendant, and damages assessed for the detention.
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This action was replevin for a horse. The defendant pleaded property in himself in bar, and prayed judgment for a return and damages for the detention. The plaintiff, in his replication, affirmed the property to be in himself, and on this the parties were at issue. A verdict was found for the defendant, and damages assessed for the detention. The plaintiff reviewed the action, and it was tried on the review before the Chief Justice at the sittings here after the last October term. The jury were directed that if, in their opinion, the plaintiff had failed to maintain the issue on his part,…
1Opinion of the Court
At this term, the opinion of the Court was delivered by
Parsons, C. J.
On examining the statute of replevins, it appears that six per cent, is there prescribed as the measure of damages in two cases. If the plaintiff shall fail to prosecute his suit, the defendant, on complaint, may have a return awarded, with his costs and damages, to the amount of six per cent, on the bond. This provision was made to save the defendant the expense and delay of going to a jury to assess his damages, and to mulct the plaintiff for abusing a legal process to take from another his chattels, when he would not…
2Cases cited1 opinion
- Mattoon v. PearceMassachusetts Supreme Judicial Court · 1815
3Cited by4 opinions
- Mattoon v. PearceMassachusetts Supreme Judicial Court · 1815
- Stauff v. MaherNew York Court of Common Pleas · 1867
- Bartlett v. BrickettMassachusetts Supreme Judicial Court · 1867
- Dodge v. ReedSupreme Judicial Court of Maine · 1885