Badger v. Phinney

Supreme Judicial Court of Massachusetts · Decided 1819-03-15

Cited by 107 later decision(s) in our corpus · see the citation network in Lexace

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From the opinion

Putnam, J., delivered the opinion of the Court. Several objections have been made to the plaintiff’s recovery. It is said that there has not been any tortious taking by the de fendant, and that replevin lies only where there has been such a taking. And it is a general remark in the books that, where there has been a tortious taking, replevin will lie, as well as detinue and trespass. Wher…

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