President of the Portland Bank v. Stacey
Massachusetts Supreme Judicial Court
Replevin of the schooner Ann and appurtenances; also of one hundred and thirty-five bales of cotton, fifty-nine tierces and twenty-two half-tierces of rice.
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Replevin of the schooner Ann and appurtenances; also of one hundred and thirty-five bales of cotton, fifty-nine tierces and twenty-two half-tierces of rice. The defendants pleaded severally the general issue of non cepit as to the schooner, which was joined by the plaintiff; and as to the residue of the goods, they plead, in bar of the action, that the property thereof was in Joseph M'Lellan and Hugh M’Lellan, and they justify the taking, as deputy sheriffs, under several writs of attachment against the said Joseph and Hugh, in favor of sundry of their creditors. The plaintiffs reply property…
1Opinion of the Court
The cause was submitted without argument, and the opinion of the Court was delivered by
The Solicitor-General and Prescott for the plaintiffs. Dexter and Jackson for the defendants. * Parsons, C. J.
On the trial of the issues of the [ * 663 ] question submitted to the jury was, whether the chattels replevied were the property of the plaintiffs. A verdict being found by consent of the parties for the plaintiffs, subject to the opinion of the Court on a case stated, we have examined the facts agreed upon, and, upon consideration, are satisfied that the verdict is right. The property being in…
2Cited by9 opinions
- Meade v. SmithSupreme Court of Connecticut · 1844
- Davis v. McFarlaneCalifornia Supreme Court · 1869
- Atlantic Transportation Co. v. Alexander Shipping Co.Massachusetts Supreme Judicial Court · 1927
- Burrows v. StoddardSupreme Court of Connecticut · 1820
- Pinkerton v. Manchester & Lawrence RailroadSupreme Court of New Hampshire · 1861
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