Parker v. Young
Massachusetts Supreme Judicial Court
Tort, against a deputy sheriff, for the alleged conversion of a horse, harness and carriage. Writ in the First District Court of Eastern Middlesex dated March 18, 1904. On appeal to the Superior Court the case was tried before Wait, J. It appeared that on December 5,1903, the defendant, under a replevin writ dated November 18, 1903, and returnable on the first Monday in January, 1904, in which one Minnie L. Jones was the plaintiff and Harvey S. Parker, the present plaintiff,…
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Tort, against a deputy sheriff, for the alleged conversion of a horse, harness and carriage. Writ in the First District Court of Eastern Middlesex dated March 18, 1904. On appeal to the Superior Court the case was tried before Wait, J. It appeared that on December 5,1903, the defendant, under a replevin writ dated November 18, 1903, and returnable on the first Monday in January, 1904, in which one Minnie L. Jones was the plaintiff and Harvey S. Parker, the present plaintiff, was the defendant, took from Parker the chattels in question and gave Parker an attested copy of the writ and bond;…
1Opinion of the CourtBraley, J.
In serving the writ of replevin, although the defendant properly could seize and remove the chattels in which the plaintiff as lienor claimed a special property, they lawfully could not be delivered to the plaintiff in replevin before receiving from him the customary bond with sufficient sureties. Wolcott v. Mead, 12 Met. 516. Hamberger v. Seavey, 165 Mass. 505. R. L. c. 190, § 9.
It is left optional with the replevying officer to approve the sureties and thus become responsible if subsequently they are found financially insufficient, or to refer this question to a magistrate authorized to…
2Cases cited15 opinions
- Spooner v. HolmesMassachusetts Supreme Judicial Court · 1869
- Morse v. HodsdonMassachusetts Supreme Judicial Court · 1809
- Spooner v. ManchesterMassachusetts Supreme Judicial Court · 1882
- Stevens v. TuiteMassachusetts Supreme Judicial Court · 1870
- Hartlep v. ColeIndiana Supreme Court · 1889
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3Cited by6 opinions
- O'Brien v. McSherryMassachusetts Supreme Judicial Court · 1915
- Carroll v. BergerMassachusetts Supreme Judicial Court · 1926
- Hartford Accident & Indemnity Co. v. YoungCourt of Appeals of Georgia · 1930
- Hodgkins v. BowserMassachusetts Supreme Judicial Court · 1907
- Sullivan v. MartinelliMassachusetts Supreme Judicial Court · 1927
1 more not listed; retrieve them via the Exa API.