Otis v. Blake
Massachusetts Supreme Judicial Court
This was an action of debt upon a bond executed by the defendants, in the sum of one thousand dollars. The defendants pray oyer of the bond, and of the condition.
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This was an action of debt upon a bond executed by the defendants, in the sum of one thousand dollars. The defendants pray oyer of the bond, and of the condition. In the condition it is recited that Shubael Bell, a deputy sheriff, having attached the goods of the defendant William Blake, at the suit of his creditors, and having redelivered the same goods to the said William, upon the plaintiff’s giving, at the request of the defendants, a receipt and obligation to the said Bell, to have the same goods forthcoming to him, the said Bell, on demand, after judgment or other termination of the…
1Opinion of the CourtParsons, C. J.
[After stating the pleadings, delivered the opinion of the Court.] The objection to the rejoinder is, that the defendants have not traversed the attachment of the plaintiff’s estate by Bell, but have tendered an issue on the traverse of a fact not alleged in the replication. For the plaintiff has not averred therein, that the trustees paid over the 523 dollars 93 cents before the commencement of this action. The defendants, in fact, appear to give up their rejoinder, but rely on the insufficiency of the replication, because it is double ; the plaintiff having, as they say, assigned two…
2Cited by6 opinions
- Sevey v. BlacklinMassachusetts Supreme Judicial Court · 1807
- Blanchard v. HoxieSupreme Judicial Court of Maine · 1852
- Jackson v. RundletU.S. Circuit Court for the District of New Hampshire · 1846
- Bailey v. RogersSupreme Judicial Court of Maine · 1821
- Briggs v. Grand Trunk Railway Co.Supreme Judicial Court of Maine · 1867
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