Chandler v. Smith
Massachusetts Supreme Judicial Court
Replevin of a horse, attached by the defendant, a deputy sheriff of the county of Franklin. Issue was joined in the Common Pleas upon the property in the horse, and found for the plaintiffs. The action being brought by appeal into this Court at the last May term at Greenfield, a motion was made by the defendant to dismiss the suit, on the ground that the bond given by the plaintiffs was not sufficient, within the provisions of * the stat ute.
Read the full summary
Replevin of a horse, attached by the defendant, a deputy sheriff of the county of Franklin. Issue was joined in the Common Pleas upon the property in the horse, and found for the plaintiffs. The action being brought by appeal into this Court at the last May term at Greenfield, a motion was made by the defendant to dismiss the suit, on the ground that the bond given by the plaintiffs was not sufficient, within the provisions of * the stat ute. (1) The cause stood over to this term, by direction of the judge, for the consideration of the said motion by the whole Court. [There were four…
1Per curiam
By the return of the officer upon the writ, it appears that he took a bond from the plaintiffs at the time he replevied the property. The date of the bond is immaterial, if the fact in the return is true; because the bond may have been dated on a different day from the date of the return hy mistake merely. If the truth of the fact can be questioned at all, it can only be on an issue/to the country, upon a plea in abatement. The defendant, having answered fully to the suit, thereby admitting a proper service of the writ, cannot now avail himself of the variance in the date between the service…
2Cited by5 opinions
- Cady v. EgglestonMassachusetts Supreme Judicial Court · 1814
- Howard v. ManderfieldSupreme Court of Minnesota · 1883
- State ex rel. Lawrence County v. FortinberryMississippi Supreme Court · 1877
- Chadwick v. BadgerSuperior Court of New Hampshire · 1838
- National Exchange Bank v. StellingSupreme Court of South Carolina · 1889