Vinal v. Spofford
Massachusetts Supreme Judicial Court
Replevin of one horse, one grocery wagon, one open buggy, one express harness, and one buggy harness. Writ returnable to the Municipal Court of the city of Boston. That court entered judgment for the plaintiff for all the articles replevied except the horse, with damages and costs; and also entered judgment for the defendant for a return of the horse, and for damages and costs. . The plaintiff appealed to the • Superior Court from the latter judgment.
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Replevin of one horse, one grocery wagon, one open buggy, one express harness, and one buggy harness. Writ returnable to the Municipal Court of the city of Boston. That court entered judgment for the plaintiff for all the articles replevied except the horse, with damages and costs; and also entered judgment for the defendant for a return of the horse, and for damages and costs. . The plaintiff appealed to the • Superior Court from the latter judgment. Trial in that court, before Brigham, C. J., who allowed a bill of exceptions, in substance as follows: The defendant contended that he had a…
1Opinion of the CourtHolmes, J.
1. When replevin is brought for a number of chattels, some of which belong to the plaintiff and others to the defendant, although all are declared for in one count, the case is dealt with as if there were two counts, and each party was entitled to prevail upon one. Seymour v. Billings, 12 Wend. 285. Williams v. Beede, 15 N. H. 483. Each party is an actor, and each may have a judgment and legal costs, as happened in this case, Powell v. Hinsdale, 5 Mass. 343. These judgments are distinct, and it follows that an appeal by one party only from the judgment against him does not reopen the judgment…
2Cases cited8 opinions
- McDonough v. DannerySupreme Court of the United States · 1796
- Thompson v. DolliverMassachusetts Supreme Judicial Court · 1882
- Whiting v. CochranMassachusetts Supreme Judicial Court · 1813
- Seymour v. BillingsNew York Supreme Court · 1835
- May v. GatesMassachusetts Supreme Judicial Court · 1884
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Cohen v. NagleMassachusetts Supreme Judicial Court · 1906
- Johanns v. . FickeNew York Court of Appeals · 1918
- North End Auto Park, Inc. v. PETRINGA TRUCKING CO. INCMassachusetts Supreme Judicial Court · 1958
- Sunter v. SunterMassachusetts Supreme Judicial Court · 1910
- Franks v. EdinbergMassachusetts Supreme Judicial Court · 1904
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