Kelleher v. Clark
This text of 135 Mass. 45 (Kelleher v. Clark) 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.
Opinion
The fact that the defendant obtained possession of
the goods by virtue of a writ of replevin against Holt, did not affect the right of the plaintiff to maintain an action of replevin against the defendant, without a demand, if the plaintiff was the owner of the goods, and entitled to the immediate possession of them. White v. Dolliver, 113 Mass. 400. Bussing v. Rice, 2 Cush. 48. Blanchard v. Child, 7 Gray, 155. It must be taken [46]*46that the justice before whom this action was tried found as a fact that the plaintiff was, at the time the action was brought, entitled to the immediate possession of the goods without any demand. Exceptions overruled.
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Cite This Page — Counsel Stack
135 Mass. 45, 1883 Mass. LEXIS 11, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kelleher-v-clark-mass-1883.