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14 Mass. 210

Hoit v. Hook

Massachusetts Supreme Judicial Court · decided 1817-06-15

This was an action of trespass, for. taking and carrying away twenty-one oxen, one cow, and one steer, the property of the plaintiff. The general issue was pleaded, and liberty reserved and allowed to give in evidence any special matter in justification, as it pleaded.

Cited by 2 later decisions — most recently March 1912

1 federal appellate ·

Good law ✅— No negative treatment on recordhow we know

Decided 1817-06-15

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Per Curiam,.

¶1The decree of the judge, founded on the verdict of the jury, having liberated the proporty seized, it ought to have been restored to the claimant. The certificate of the judge, of reasonable cause, can operate to bar an action only when the property is restored, according to the proviso in the statutes. The deduction of the expenses does not appear to be justified by any law; and the sale of the property, under an order of the judge, which appears to have no legal authority, cannot affect the plaintiff’s right to recover the full value of the chattels of which he has been deprived.

¶2Judgment on the verdict.

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