Jones v. Smith
Supreme Judicial Court of Maine
On report. Debt on a replevin bond. The opinion states the material ' ¡facts. The plaintiff is entitled to maintain her action and recover nominal damages at any rate. Smith v. Whiting, 97 Mass. 316; S. C. 100 Mass. 122. The case at bar is unlike Pettygrove v. Hoyt, 11 Maine, 66. The plaintiff has sustained no damage by the non entry of the replevin writ. In fact if we are correct in our view of the case, she is the gainer thereby.
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On report. Debt on a replevin bond. The opinion states the material ' ¡facts. The plaintiff is entitled to maintain her action and recover nominal damages at any rate. Smith v. Whiting, 97 Mass. 316; S. C. 100 Mass. 122. The case at bar is unlike Pettygrove v. Hoyt, 11 Maine, 66. The plaintiff has sustained no damage by the non entry of the replevin writ. In fact if we are correct in our view of the case, she is the gainer thereby. We respectfully call the attention of the court to the authorities cited by the plaintiff’s attorney, to the effect that plaintiff has suffered no damage and…
1Opinion of the CourtFoster, J.
Debt on a replevin bond. The principal parties are the same as in the preceding action (Jones v. Smith).
*453The replevin suit in which the bond was given was for ten tons of hay in the barn upon the premises named in that action, a part of which was grown and cut on the premises in 1884, and for one ton of unthreshed peas also grown thereon the same-season, harvested and lying in heaps in the field at the time the replevin suit was commenced.
This defendant had cut the hay and harvested the peas under an arrangement with the assignee of the mortgagee in possession, and was the undoubted owner of…
2Cases cited7 opinions
- Leonard v. WhitneyMassachusetts Supreme Judicial Court · 1872
- Smith v. WhitingMassachusetts Supreme Judicial Court · 1868
- Persse v. WatrousSupreme Court of Connecticut · 1861
- Wright v. QuirkMassachusetts Supreme Judicial Court · 1870
- Smith v. WhitingMassachusetts Supreme Judicial Court · 1867
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- McClellan v. F. A. North Co.Supreme Court of New Jersey · 1936