Smith v. Dexter
Cases that cite this one
3 later published cases cite this decision.
- Tyler v. Boot & Shoe Workers Union (Mass. 1933)
- McPartlant v. Sielian (Mass. Dist. Ct., App. Div. 1949)
- Kennedy v. Langdon (Mass. 1877)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.