Massachusetts Supreme Judicial Court, 1883

Kelleher v. Clark

Massachusetts Supreme Judicial Court · Decided April 6, 1883 · Field

135 Mass. 45; 1883 Mass. LEXIS 11

Cases that cite this one

2 later published cases cite this decision.

Welter v. Jacobson (N.D. 1897)
Coen v. Watkins (Mo. Ct. App. 1895)

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

Field, J.

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 *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.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.