Judson v. Adams
Massachusetts Supreme Judicial Court
This was an action of replevin, commenced in the court of common pleas, for “ all the glass ware now in the Norfolk Glass Works in Roxbury, and the buildings belonging to said works; all the moulds in said said glass works so called; all the sand, rosin, soda ash, lime, and other materials for the manufacture of glass, now in or about said works, being the same under attachment by Thomas Adams, sheriff, as the property of one Joseph Foster, over which he has now possession…
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This was an action of replevin, commenced in the court of common pleas, for “ all the glass ware now in the Norfolk Glass Works in Roxbury, and the buildings belonging to said works; all the moulds in said said glass works so called; all the sand, rosin, soda ash, lime, and other materials for the manufacture of glass, now in or about said works, being the same under attachment by Thomas Adams, sheriff, as the property of one Joseph Foster, over which he has now possession and control; also all the glass, moulds and materials for manufacturing glass, now under attachment by said Adams,…
1Opinion of the CourtDewey, J.
The defendant, at the return term, moved to dismiss the action for various reasons stated in his motion, all of which, as they arise upon motion, must necessarily be for causes apparent on the record or face of the proceedings.
1. It was contended, that replevin being a local action, the allegation in the writ, that the goods replevied were taken at Boston, was fatal to the maintenance of this action in the county o-f Norfolk. But this being obviously a clerical error, and it being apparent that the real grievance complained of was a taking in Norfolk, the court of common pleas very properly…
2Cases cited1 opinion
- Gould v. BarnardMassachusetts Supreme Judicial Court · 1807