¶1The value of goods replevied need not be alleged in the writ. The jurisdiction depends upon the actual value as proved at the trial, not upon the plaintiff’s allegation or the appraisers’ certificate. King v. Dewey, 11 Cush. 218. Pomeroy v. Trimper, 8 Allen, 398. Davenport v. Burke, 9 Allen, 116. Leonard v. Hannon, 105 Mass. 113. Exceptions overruled.
116 Mass. 300
Blake v. Darling
Massachusetts Supreme Judicial Court
Decided November 16, 1874
Massachusetts Supreme Judicial Court · decided 1874-11-16
Beplevin of a black walnut desk, commenced in the Municipal Court of the city of Boston. At the trial in the Superior Court on appeal, the defendant moved to dismiss the action, because the writ did not allege the value of the property, and therefore it did not appear that it was of the value of more than $20 and less than $300. Dewey, J., refused the motion. On the trial it appeared that the desk was of the value of $30.
Relies on Leonard v. Hannon
Good law ✅— No negative treatment on recordhow we know
Decided 1874-11-16
How this case has been cited
Cited by 13 later decisions — most recently June 1940
1 federal appellate · 12 state decisions
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