Bacon v. Weston

Massachusetts Supreme Judicial Court

Bacon v. Weston

65 Mass. 164

CourtMassachusetts Supreme Judicial Court

DecidedSeptember 15, 1853

StatusPublished

This text of 65 Mass. 164 (Bacon v. Weston) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bacon v. Weston, 65 Mass. 164 (Mass. 1853).

Pincite

Opinion

Thomas, J.

This was a writ of replevin returnable to the court of common pleas, at the October term, 1851. It was entered and continued to the October term, 1852. At this term, and after the cause was opened to the jury, the defendants moved to dismiss the action, because the bond taken and returned omitted one item of the property described in the writ, and which was replevied, to wit, one single breaker. The court rightly overruled the motion. The objection was too late, and was waived by pleading to the action. Simonds v. Parker, 1 Met. 508; Wolcott v. Mead, 12 Met. 516.

Exceptions overruled

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Thomas, J.

This was a writ of replevin returnable to the court of common pleas, at the October term, 1851. It was entered and continued to the October term, 1852. At this term, and after the cause was opened to the jury, the defendants moved to dismiss the action, because the bond taken and returned omitted one item of the property described in the writ, and which was replevied, to wit, one single breaker. The court rightly overruled the motion. The objection was too late, and was waived by pleading to the action. Simonds v. Parker, 1 Met. 508; Wolcott v. Mead, 12 Met. 516.

Exceptions overruled

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Bluebook (online)

65 Mass. 164, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bacon-v-weston-mass-1853.