Legal Opinion

Mason v. Bowles

Massachusetts Supreme Judicial Court

Decided January 14, 1875PublishedCited by 2 opinions

Replevin of a stock of goods, furniture and other articles, particularly described, in a shop and house numbered 11 on Merrimack Street, Lowell. At the trial in the Superior Court, before Bacon, J., it appeared that the plaintiff was a married woman, and the defendant, a deputy sheriff, attached and took the property replevied, by virtue of two writs against Daniel W. Mason, the plaintiff’s husband.

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Replevin of a stock of goods, furniture and other articles, particularly described, in a shop and house numbered 11 on Merrimack Street, Lowell. At the trial in the Superior Court, before Bacon, J., it appeared that the plaintiff was a married woman, and the defendant, a deputy sheriff, attached and took the property replevied, by virtue of two writs against Daniel W. Mason, the plaintiff’s husband. The plaintiff offered evidence tending to show that for several years previously and at different places she had carried on trade and business on her sole and separate account, and that at the…

1Opinion of the Court

By the Court.

The writings between the husband and a third person were not conclusive against the wife. The case was submitted to the jury with instructions sufficiently favorable to the defendant. Miller v. Bannister, 109 Mass. 289. Cahill v Campbell, 105 Mass. 40. Exceptions overruled

2Cases cited2 opinions

  1. Cahill v. CampbellMassachusetts Supreme Judicial Court · 1870
  2. Miller v. BannisterMassachusetts Supreme Judicial Court · 1872

3Cited by2 opinions

  1. Burns v. WinchellMassachusetts Supreme Judicial Court · 1940
  2. Retzer v. Jacob Dold Packing Co.Missouri Court of Appeals · 1894

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