Clark v. French
Supreme Judicial Court of Maine
Replevin for a quantity of furniture. The plaintiff claimed under a bill of sale of the property from Charles Hayes to himself, dated Sept. 19, 1836, and proved a formal delivery to him. The defendant also claimed the property under a sale from said Hayes to her on the last of April, 1838. The defendant pleaded the general issue, and filed a brief statement, alleging that she was at the time the owner of the property.
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Replevin for a quantity of furniture. The plaintiff claimed under a bill of sale of the property from Charles Hayes to himself, dated Sept. 19, 1836, and proved a formal delivery to him. The defendant also claimed the property under a sale from said Hayes to her on the last of April, 1838. The defendant pleaded the general issue, and filed a brief statement, alleging that she was at the time the owner of the property. The counsel for the plaintiff contended, that the general issue and brief statement were inconsistent; and moved that the defendant should be put to her election to say, by…
1Opinion of the Court
The opinion of the Court was drawn up by
Whitman C. J.
The verdict in this case was taken subject to the exceptions on the part of the plaintiff to the rulings and instructions of the Court. It does not appear to be im*225portant to consider of the first supposed error, viz., as to whether the defendant should have been put to her election in her defence, to proceed under her plea, or under her brief statement. The result was ultimately unaffected by the ruling of the Court in this particular. The decision did not turn upon any question concerning the taking. The defendant, if put to her election,…
2Cases cited1 opinion
- Archer v. HubbellNew York Supreme Court · 1830
3Cited by4 opinions
- Sheppard v. ThomasSupreme Court of Kansas · 1881
- Bindley v. Martin Bros.West Virginia Supreme Court · 1886
- Hanna v. Charleston National BankWest Virginia Supreme Court · 1904
- Shaw v. ThompsonSupreme Court of New Hampshire · 1861