# Smith v. Dexter

> Massachusetts Supreme Judicial Court · January 25, 1877 · 121 Mass. 597

URL: https://www.frixlaw.com/law-library/cases/6418813

## Case

- **Full name:** Howard M. Smith v. Jason L. Dexter
- **Court:** Massachusetts Supreme Judicial Court
- **Decided:** January 25, 1877
- **Citations:** 121 Mass. 597; 1877 Mass. LEXIS 61
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Gray
- **Judges:** Gray
- **Cited by:** 3 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6418813

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6418813. Public record. Not legal advice.