Perry v. Richardson

Massachusetts Supreme Judicial Court

Perry v. Richardson

75 Mass. 216

CourtMassachusetts Supreme Judicial Court

DecidedOctober 15, 1857

StatusPublished

This text of 75 Mass. 216 (Perry v. Richardson) 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

Perry v. Richardson, 75 Mass. 216 (Mass. 1857).

Pincite

Opinion

Bigelow, J.

The property replevied was attached on mesne process against the plaintiff in this suit, and that process was served upon him, and was still pending when this replevin was brought. The Rev. Sts. c. 113, § 27, expressly confines the right to maintain replevin for goods attached on mesne process, or taken on execution, to “ any person other than the defendant in the suit in which they are so taken or attached.” This action therefore was prematurely commenced.

Exceptions overruled.

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Bigelow, J.

The property replevied was attached on mesne process against the plaintiff in this suit, and that process was served upon him, and was still pending when this replevin was brought. The Rev. Sts. c. 113, § 27, expressly confines the right to maintain replevin for goods attached on mesne process, or taken on execution, to “ any person other than the defendant in the suit in which they are so taken or attached.” This action therefore was prematurely commenced.

Exceptions overruled.

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Bluebook (online)

75 Mass. 216, Counsel Stack Legal Research, https://law.counselstack.com/opinion/perry-v-richardson-mass-1857.