Massachusetts Breweries Co. v. Herman
Supreme Judicial Court of Maine
On exceptions by plaintiff. Action of replevin for 500 dozen pint bottles, brought in the Superior Court, Cumberland County. The defendant appeared specially on the return day of the writ and filed a motion to dismiss the action on the ground that the officer had failed to take the bond required by statute, because it appeared from the bond itself that one of the sureties thereon was a non-resident. The motion was sustained and the plaintiff excepted.
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On exceptions by plaintiff. Action of replevin for 500 dozen pint bottles, brought in the Superior Court, Cumberland County. The defendant appeared specially on the return day of the writ and filed a motion to dismiss the action on the ground that the officer had failed to take the bond required by statute, because it appeared from the bond itself that one of the sureties thereon was a non-resident. The motion was sustained and the plaintiff excepted. The case is stated in the opinion.
1Opinion of the CourtBird, J.
This is an action of replevin of goods. The return of the officer upon the writ, which was returnable to the Superior Court of Cumberland County, states that he took a bond with sufficient sureties but the bond returned with the writ as required by statute declares that one of the two sureties is of Boston, in the Commonwealth of Massachusetts. The defendant appeared specially and seasonably filed a motion to dismiss the action on the ground that the officer had failed to take the bond required by statute because it appeared from the bond itself that one of the sureties was a non-resident of…
2Cited by4 opinions
- Benson v. Inhabitants of NewfieldSupreme Judicial Court of Maine · 1938
- Louisville Trust Co. v. Com'rs. of Sinking Fund, Etc.Court of Appeals of Kentucky (pre-1976) · 1935
- Benge v. FosterCourt of Appeals of Texas · 1934
- Chemical Bank & Trust Co. v. Anheuser-Busch, Inc.Supreme Court of Missouri · 1950