Howes v. Newcomb
Massachusetts Supreme Judicial Court
Keplevin of horses and other personal property. Writ dated November 6,1886. Trial in the Superior Court, without a jury, before Staples, J., who allowed a bill of exceptions in substance as follows: It appeared in evidence that one Thompson, on April 26,1886, mortgaged certain personal property to the plaintiff, consisting of the stock, tools, and fixtures in his meat, fish, and vegetable market, in Springfield, and the two horses, one wagon, three single harnesses, and one…
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Keplevin of horses and other personal property. Writ dated November 6,1886. Trial in the Superior Court, without a jury, before Staples, J., who allowed a bill of exceptions in substance as follows: It appeared in evidence that one Thompson, on April 26,1886, mortgaged certain personal property to the plaintiff, consisting of the stock, tools, and fixtures in his meat, fish, and vegetable market, in Springfield, and the two horses, one wagon, three single harnesses, and one business sleigh, described in the writ. The mortgage, which was put in evidence, described the property named in the…
1Opinion of the CourtKnowlton, J.
The horses sought to be replevied are claimed by the plaintiff under a mortgage of unquestioned validity, and by the defendant under an alleged lien for their board, founded on the Pub. Sts. c. 192, § 32. This section provides that “ persons having proper charges due them for pasturing, boarding, or keeping horses or other domestic animals brought to their premises *78or placed in their care by or with the consent of the owners thereof, shall have a lien on such horses or other domestic animals for such charges.” It creates rights in derogation of the common law, and is to be construed strictly.…
2Cases cited2 opinions
- Hammond v. DanielsonMassachusetts Supreme Judicial Court · 1879
- Storms v. SmithMassachusetts Supreme Judicial Court · 1884
3Cited by27 opinions
- Peter Barrett Manufacturing Co. v. RonkNew York Court of Appeals · 1914
- Stone v. Kelley & SonMissouri Court of Appeals · 1894
- Ehrlich v. ChappleIllinois Supreme Court · 1924
- Marnella v. FromanIdaho Supreme Court · 1922
- Lazarus v. MoranMissouri Court of Appeals · 1895
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