Stevens v. Tuite
Massachusetts Supreme Judicial Court
Contract on the replevin bond taken in the case of Tuite v. Stevens, 98 Mass. 305. At the trial in this court, before Morton, J., the plaintiff put in evidence an auditor’s report, the material parts of whi.ch were as follows : “ The plaintiff in the presentc action, being defendant in the original replevin suit, recovered judgment against Tuite, the plaintiff therein, for $1448.02 damages, and $224.80 costs, and for a return of the goods replevied.
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Contract on the replevin bond taken in the case of Tuite v. Stevens, 98 Mass. 305. At the trial in this court, before Morton, J., the plaintiff put in evidence an auditor’s report, the material parts of whi.ch were as follows : “ The plaintiff in the presentc action, being defendant in the original replevin suit, recovered judgment against Tuite, the plaintiff therein, for $1448.02 damages, and $224.80 costs, and for a return of the goods replevied. The date of the replevin was October 19, 1865: judgment for return was recovered December 7, 1867; and the writ of return was issued December 12,…
1Opinion of the CourtAmes, J.
In the action of replevin, it is sometimes said that each party is an actor, or plaintiff. It is substantially in the nature of a proceeding in rem. The question litigated is, whether the plaintiff is entitled to keep the property which he has taken from the defendant, or is bound to return it to him with damages for having intermeddled with it. The property in dispute *333may be said to be in the mean time in the custody of the law; that is to say, it is represented by the bond, which imports that it is held by the plaintiff to abide the event of the suit and to be disposed of accordingly.
If the…
2Cited by24 opinions
- George v. Coolidge Bank and Trust Co.Massachusetts Supreme Judicial Court · 1971
- Washington Ice Co. v. WebsterSupreme Court of the United States · 1888
- Canning v. ShippeeMassachusetts Supreme Judicial Court · 1923
- Leeper, Graves & Co. v. First Nat. Bank of HobartSupreme Court of Oklahoma · 1910
- Leonard v. WhitneyMassachusetts Supreme Judicial Court · 1872
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