Walbridge v. Shaw
Massachusetts Supreme Judicial Court
This was an action of replevin for a yoke of oxen and a pair of cart-wheels, commenced on the 20th of June, 1849, and tried in the court of common pleas, before Mellen, J. The defendant was a constable of the town of Wales, and took the property described in the writ on the 7th of May, 1849, upon an execution issued upon a judgment recovered against Ames Walbridge.
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This was an action of replevin for a yoke of oxen and a pair of cart-wheels, commenced on the 20th of June, 1849, and tried in the court of common pleas, before Mellen, J. The defendant was a constable of the town of Wales, and took the property described in the writ on the 7th of May, 1849, upon an execution issued upon a judgment recovered against Ames Walbridge. Soon after the taking, the plaintiff brought an action of replevin against the defendant, upon which the property was redelivered to the plaintiff by the officer serving the writ. The action was entered in court. at the June term,…
1Opinion of the CourtDewey, J.
The plaintiff may well maintain this action upon the original unlawful taking by the defendant. It is no valid objection, that the plaintiff had instituted a previous action of replevin for the same goods, for the facts show that the case was dismissed on motion of the defendant for an informality in the same, and thereupon judgment was rendered for a return of the property to the defendant. That judgment constitutes no bar to this action, because the case was not heard on its merits, but was dismissed for error in the form of the proceedings. Nor does it form a valid objection, that the…
2Cited by1 opinion
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