Smith v. Dexter

Massachusetts Supreme Judicial Court

Smith v. Dexter

121 Mass. 597, 1877 Mass. LEXIS 61

CourtMassachusetts Supreme Judicial Court

DecidedJanuary 25, 1877

StatusPublished

Cited by3 cases

This text of 121 Mass. 597 (Smith v. Dexter) 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

Smith v. Dexter, 121 Mass. 597, 1877 Mass. LEXIS 61 (Mass. 1877).

Pincite

Opinion

Gray, C. J.

Thq objections to the authority of the officer who served the writ, and to the form of the replevin bond taken in the course of the service, could not properly be made by demurrer, but only by answer in abatement or motion to dismiss, upon either of which the decision of the court below would be final. Docmanny v. Davenant, 6 Mod. 198; S. C. 1 Salk. 220. Bullythorpe v. Turner, Willes, 475, 479. Cooke v. Gibbs, 3 Mass. 193, 196. Browning v. Bancroft, 5 Met. 88. Houghton v. Ware, 113 Mass. 49. Gen. Sts. c. 114, § 10; c. 115, § 7. The irregular form of presenting these questions to that court, appearing to have been by assent of the parties, affords no ground of exception, and cannot give this court jurisdiction to decide issues which could not be regularly brought before it.

Exceptions overruled.

Free access — add to your briefcase to read the full text and ask questions with AI

Gray, C. J.

Thq objections to the authority of the officer who served the writ, and to the form of the replevin bond taken in the course of the service, could not properly be made by demurrer, but only by answer in abatement or motion to dismiss, upon either of which the decision of the court below would be final. Docmanny v. Davenant, 6 Mod. 198; S. C. 1 Salk. 220. Bullythorpe v. Turner, Willes, 475, 479. Cooke v. Gibbs, 3 Mass. 193, 196. Browning v. Bancroft, 5 Met. 88. Houghton v. Ware, 113 Mass. 49. Gen. Sts. c. 114, § 10; c. 115, § 7. The irregular form of presenting these questions to that court, appearing to have been by assent of the parties, affords no ground of exception, and cannot give this court jurisdiction to decide issues which could not be regularly brought before it.

Exceptions overruled.

Cite This Page — Counsel Stack

Bluebook (online)

121 Mass. 597, 1877 Mass. LEXIS 61, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-dexter-mass-1877.

Opinion

Related

Cite This Page — Counsel Stack