Pratt v. Stephenson

Massachusetts Supreme Judicial Court

Pratt v. Stephenson

33 Mass. 325

CourtMassachusetts Supreme Judicial Court

DecidedMarch 15, 1835

StatusPublished

This text of 33 Mass. 325 (Pratt v. Stephenson) 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

Pratt v. Stephenson, 33 Mass. 325 (Mass. 1835).

Pincite

Opinion

Per Curiam.

We are clearly of opinion, that Leonarc was an incompetent witness to prove that he was the owner in whole or in part, of the chattels replevied. It is a fail presumption, that in some of the suits against him the plaintiffs will prevail, and though he may be able to pay then demands out of other funds, we think it is for his interest t< have these chattels applied by the officer, according to law, ir satisfaction of any judgment which may be recovered in those suits ; and we see nothing in the case to countervail tha interest.

New trial granted.

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Per Curiam.

We are clearly of opinion, that Leonarc was an incompetent witness to prove that he was the owner in whole or in part, of the chattels replevied. It is a fail presumption, that in some of the suits against him the plaintiffs will prevail, and though he may be able to pay then demands out of other funds, we think it is for his interest t< have these chattels applied by the officer, according to law, ir satisfaction of any judgment which may be recovered in those suits ; and we see nothing in the case to countervail tha interest.

New trial granted.

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Bluebook (online)

33 Mass. 325, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pratt-v-stephenson-mass-1835.