121 Mass. 107
Massachusetts Supreme Judicial Court
Decided October 5, 1876
Massachusetts Supreme Judicial Court · decided 1876-10-05
Replevin of a horse, buggy and harness, of the value of f 125, Trial in the Central District Court of Worcester, the judge of which allowed a bill of exceptions in substance as follows: The writ was returnable December 11,1875; service was made by E. J. Russell, deputy sheriff, and the approval of the replevin bond was signed “ E. J. Russell.” On February 15,1876, the defendant filed an answer claiming the ownership and right of possession of the property, and denying that…
Cited by 1 later decisions — most recently June 1892
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1876-10-05
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¶1The District Court, by the express terms of the act establishing it, has jurisdiction of civil actions in which the property replevied does not exceed $300 in value. St. 1872, e. 199, § 9. The motion to dismiss, after answering to the merits, was too late. Simonds v. Parker, 1 Met. 508. By our law, replevin lies for the unlawful detention of goods lawfully taken. Gen. Sts. c. 143, § 10. Esson v. Tarbell, 9 Cush. 407. The instructions were correct and sufficient
¶2JF* ceptions^overruled.