113 Mass. 49 | Mass. | 1873
This appeal is not rightly here. The objections suggested by the defendant to the sufficiency of the replevin bond might be taken either by motion to dismiss, or by plea or answer in abatement. Nye v. Liscombe, 21 Pick. 263. Simonds v. Parker, 1 Met. 508. Ocean Insurance Co. v. Portsmouth Marine Railway Co. 3 Met. 420. Story Pl. 61-63. Gould Pl. c. 5, §§ 132, 133, 135. 5 Dane Ab. 709, 710. They were taken by answer in abatement. The judgment of the Superior Court