Houghton v. Ware
Massachusetts Supreme Judicial Court
Replevin of a horse, harness and blanket. Writ dated January 10, 1872, returnable at March term 1872 of the Superior Court.
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Replevin of a horse, harness and blanket. Writ dated January 10, 1872, returnable at March term 1872 of the Superior Court. The bond filed by the plaintiffs recited that on January 11, 1872, they sued out a writ of replevin against the defendant, returnable at that term ; and was conditioned to “prosecute said action of replevin to final judgment, and pay all such costs and damages as the defendant should recover against them,” and “ return the personal property replevied ” in case such should be the final judgment; but did not otherwise describe the property. In the Superior Court, the…
1Opinion of the CourtGray, C. J.
This appeal is not rightly here. The objections suggested by the defendant to the sufficiency of the replevin bond might be taken either by motion to dismiss, or by plea or answer in abatement. Nye v. Liscombe, 21 Pick. 263. Simonds v. Parker, 1 Met. 508. Ocean Insurance Co. v. Portsmouth Marine Railway Co. 3 Met. 420. Story Pl. 61-63. Gould Pl. c. 5, §§ 132, 133, 135. 5 Dane Ab. 709, 710. They were taken by answer in abatement. The judgment of the Superior Court *50upon an answer in abatement cannot be revised by this court. Gen. Sts. c. 114, § 10; c. 115, § 7. Hamlin v. Jacobs, 99 Mass. 500,…
2Cases cited3 opinions
- Williams' administrator v. McClanahanCourt of Appeals of Kentucky · 1861
- Parker v. KenyonMassachusetts Supreme Judicial Court · 1873
- Hamlin v. JacobsMassachusetts Supreme Judicial Court · 1868
3Cited by3 opinions
- Kimball v. SweetMassachusetts Supreme Judicial Court · 1897
- Young v. Providence & Stonington Steamship Co.Massachusetts Supreme Judicial Court · 1890
- Smith v. DexterMassachusetts Supreme Judicial Court · 1877