Litchman v. Potter
Massachusetts Supreme Judicial Court
Replevin. The writ, which was served by a constable, directed the officer to “ replevy the goods and chattels following, viz.: the contents of a grocery store, so called, situate on Lee Street in Marblehead, and numbered 3 on said street, belonging to Charles H. Litchman and William T. Litchman, now taken ami held by Daniel Potter.”
Read the full summary
Replevin. The writ, which was served by a constable, directed the officer to “ replevy the goods and chattels following, viz.: the contents of a grocery store, so called, situate on Lee Street in Marblehead, and numbered 3 on said street, belonging to Charles H. Litchman and William T. Litchman, now taken ami held by Daniel Potter.” There was no allegation in the body of the writ of the value of the property to be replevied; but there was an agreement signed by the parties on the writ, that the goods should be valued at $225. The ad damnum was $500. In the Superior Court, upon the return day…
1Opinion of the CourtEndicott, J.
It is not necessary in a replevin writ to allege the value of the goods to be replevied. Pomeroy v. Trimper, 8 Allen, 398. Blake v. Darling, ante, 300. If alleged, it may under some circumstances be admissible against the plaintiff as evidence of value; Clap v. Guild, 8 Mass. 153; Barnes v. Bartlett, 15 Pick. 71; but is not conclusive evidence even on the question of jurisdiction, if the agreement or appraisal establishes the value to be less than twenty dollars. King v. Dewey, 11 Cush. 218. The agreement or appraisement determines the value for all the purposes of the case. Leonard v.…
2Cases cited2 opinions
- Clap v. GuildMassachusetts Supreme Judicial Court · 1811
- Leonard v. HannonMassachusetts Supreme Judicial Court · 1870
3Cited by11 opinions
- Maguire v. Pan-American Amusement Co.Massachusetts Supreme Judicial Court · 1910
- Fergusson v. ComfortMissouri Court of Appeals · 1916
- Littlefield v. Maine Central RailroadSupreme Judicial Court of Maine · 1908
- McCarthy v. . OckermanNew York Court of Appeals · 1898
- Hartford Fire Insurance v. StevensSupreme Judicial Court of Maine · 1924
6 more not listed; retrieve them via the Exa API.