Baker v. Fales
Massachusetts Supreme Judicial Court
This was a writ of replevin, dated April 9th, 1819, in which the plaintiffs, as “ deacons of the first church in Dedham, which church is connected and associated with the first parish, in said Dedham in public religious worship,” allege the taking and unlawful detaining of certain property belonging to them in their said capacity, by the defendant on the day. of the purchase of their writ.
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This was a writ of replevin, dated April 9th, 1819, in which the plaintiffs, as “ deacons of the first church in Dedham, which church is connected and associated with the first parish, in said Dedham in public religious worship,” allege the taking and unlawful detaining of certain property belonging to them in their said capacity, by the defendant on the day. of the purchase of their writ. The defendant pleads in abatement of the writ, that on the 14th of November, 1818, at, &c., he also was a deacon of the same first church, and that the goods mentioned in the plaintiffs’ writ, came lawfully…
1Opinion of the CourtPutnam, J.
The plaintiffs sue in their capacity of deacons of a church, to reco, specifically the goods which belong, as they offer to prove, to the church: and which the defendant has taken and unjustly detained.
It is objected that the plaintiffs cannot maintain replevin, but that their writ should be abated; because they were never in possession of the goods replevied, until after the service of the writ.
But it seems to me, that this ¿ose is analogous to that of an executor, who may maintain replevin for goods, which were wrongfully taken from the testator in his lifetime, and detained after (7). In…
2Cases cited16 opinions
- Yesler v. City of SeattleWashington Supreme Court · 1890
- Badger v. PhinneyMassachusetts Supreme Judicial Court · 1819
- Mills v. MartinNew York Supreme Court · 1821
- Thompson v. ButtonNew York Supreme Court · 1817
- Marshall v. DavisNew York Supreme Court · 1828
11 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Badger v. PhinneyMassachusetts Supreme Judicial Court · 1819
- Jackson v. StateSupreme Court of Georgia · 1886
- Smith v. PedigoIndiana Supreme Court · 1893
- Marshall v. DavisNew York Supreme Court · 1828
- President of the Portland Bank v. StubbsMassachusetts Supreme Judicial Court · 1810
26 more not listed; retrieve them via the Exa API.