Davis v. Stone
Massachusetts Supreme Judicial Court
Tout. The declaration contained two counts. The first was for the conversion of certain articles of furniture. The second count alleged that the defendant forcibly and against the will of the plaintiff entered into the house, lawfully in her possession and occupation, and caused one other person also to enter forcibly said house, and that the defendant and said other person remained, contrary to the will of the plaintiff, in said house for four hours; and kept her from the…
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Tout. The declaration contained two counts. The first was for the conversion of certain articles of furniture. The second count alleged that the defendant forcibly and against the will of the plaintiff entered into the house, lawfully in her possession and occupation, and caused one other person also to enter forcibly said house, and that the defendant and said other person remained, contrary to the will of the plaintiff, in said house for four hours; and kept her from the use and enjoyment thereof during that time, and seized and carried off various articles of furniture belonging to her,…
1Opinion of the CourtGray, C. J.
The order, made when this case was formerly before us, that it should stand for trial, left the whole case open, and did not limit the trial to the question of damages only. Davis v. Stone, 117 Mass. 486.
Upon the facts admitted or appearing upon the trial, the judge may rightfully have found that the plaintiff had not unlawfully or fraudulently intermingled her goods with those of Jenkins, and that she might therefore recover for the taking of her goods by the defendant. Shumway v. Rutter, 8 Pick. 443, 448. Smith v. Sanborn, 6 Gray, 134. His rulings in matter of fact are not open to revision…
2Cases cited3 opinions
- Williams v. PowellMassachusetts Supreme Judicial Court · 1869
- Hoar v. GouldingMassachusetts Supreme Judicial Court · 1874
- Davis v. StoneMassachusetts Supreme Judicial Court · 1875
3Cited by10 opinions
- Wood v. GravesMassachusetts Supreme Judicial Court · 1887
- Cutter v. HoweMassachusetts Supreme Judicial Court · 1877
- Bourisk v. Derry Lumber Co.Supreme Judicial Court of Maine · 1931
- Link v. HarringtonMissouri Court of Appeals · 1886
- Mitchell v. MitchellSupreme Court of Minnesota · 1893
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