General Laws of Massachusetts - Chapter 247 Replevin
- Massachusetts General Laws - Distrained or impounded beasts - Chapter 247, Section 1
A person whose beasts have been distrained or impounded in order to recover a penalty or forfeiture supposed to have been incurred by their going...
- Massachusetts General Laws - Bond - Chapter 247, Section 2
Before the officer serving the writ delivers the beasts to the plaintiff, he shall take from the plaintiff or a person in his behalf a...
- Massachusetts General Laws - Amount of bond; appraisal of property - Chapter 247, Section 3
The writ shall require that the bond be given for double the value of the beasts but shall not express the amount for which it...
- Massachusetts General Laws - Return of writ - Chapter 247, Section 4
The officer shall return such bond with the writ to the court to which the writ is returnable, for the use of the defendant; and...
- Massachusetts General Laws - Judgment for defendant - Chapter 247, Section 5
If the court finds that the beasts were lawfully taken or distrained, the defendant shall have judgment for the amount found to be due from...
- Massachusetts General Laws - Judgment for plaintiff - Chapter 247, Section 6
If the court finds that the beasts were unlawfully taken or distrained, the plaintiff shall have judgment for damages caused by such taking and detaining...
- Massachusetts General Laws - Goods unlawfully taken, detained or attached - Chapter 247, Section 7
If goods exceeding twenty dollars in value are unlawfully taken or detained from the owner or person entitled to their possession, or if goods of...
- Massachusetts General Laws - Bond; amount; appraisal of goods - Chapter 247, Section 8
Except as otherwise provided in section thirty-seven of chapter two hundred and fifty-five, before the officer serving the writ delivers the goods to the plaintiff,...
- Massachusetts General Laws - Judgment for defendant - Chapter 247, Section 9
If the court finds that the defendant is entitled to a return of the goods, judgment shall be rendered therefor and for the damages caused...
- Massachusetts General Laws - Damages; assessment; rate - Chapter 247, Section 10
If the goods when replevied had been taken on execution, or if they had been attached and judgment is afterward rendered for the attaching creditor,...
- Massachusetts General Laws - Money recovered by officer after replevin of goods attached, etc.; disposition - Chapter 247, Section 11
Money recovered by an officer in an action of replevin for goods attached or taken on execution by him or recovered by him in an...
- Massachusetts General Laws - Application of amounts received by creditor - Chapter 247, Section 12
All amounts received by such creditor from the proceeds of the sale of goods attached or taken on execution and afterward returned, or received by...
- Massachusetts General Laws - Judgment for plaintiff - Chapter 247, Section 13
If the court finds that the goods were unlawfully taken or attached or unlawfully detained by the defendant, the plaintiff shall have judgment for his...
- Massachusetts General Laws - Sureties on bond; approval - Chapter 247, Section 14
Sureties on a replevin bond may be approved in writing by the officer who serves the writ or by the defendant or by a justice...
- Massachusetts General Laws - Approval of sureties; proceedings - Chapter 247, Section 15
If such sureties are to be approved by a justice of a district court or by a master in chancery, the officer who serves the...
- Massachusetts General Laws - Fees of master - Chapter 247, Section 16
The fee of the master for the hearing and decision shall be as prescribed in section twenty-three of chapter two hundred and sixty-two; and, if...
- Massachusetts General Laws - Defects in bond; dismissal of action - Chapter 247, Section 17
An action of replevin shall not be dismissed by reason of a defect in the form or substance of the bond taken therein, if the...
- Massachusetts General Laws - Actions against sureties; serving and entering writ; limitations - Chapter 247, Section 18
An action shall not be maintained against a surety on a replevin bond, unless the writ is served on him within one year after the...
- Massachusetts General Laws - Damages; assessment - Chapter 247, Section 19
Damages in replevin shall be assessed by the jury by which the cause is tried, if there is a trial by jury; otherwise, by the...
- Massachusetts General Laws - Judgment for return of goods attached - Chapter 247, Section 20
If the goods replevied had been attached, they shall, upon a judgment for a return, be held liable to the attachment until final judgment in...
- Massachusetts General Laws - Writ of return; form - Chapter 247, Section 21
The writ of return in actions of replevin shall be substantially in the form heretofore established and used in like cases.
- Massachusetts General Laws - Effect of foregoing provisions - Chapter 247, Section 22
The foregoing provisions shall not preclude the defendant from his remedy on the replevin bond, nor, except as provided in section fourteen, from his remedy...
Last modified: September 11, 2015