Legal Opinion

Caldwell v. West

Supreme Court of New Jersey

Decided July 15, 1848Published

This was an action brought in this court in debt on replevin bond for penalty, The only plea was non est factum. The plaintiff suggested breaches on the record. This cause was tried before-Justice Carpenter and a struck jury at the Atlantic Circuit, December Term 1845, upon the pleadings and suggestions of breaches. The counsel for the plaintiff proved the execution of the bond, and offered the bond in evidence.

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This was an action brought in this court in debt on replevin bond for penalty, The only plea was non est factum. The plaintiff suggested breaches on the record. This cause was tried before-Justice Carpenter and a struck jury at the Atlantic Circuit, December Term 1845, upon the pleadings and suggestions of breaches. The counsel for the plaintiff proved the execution of the bond, and offered the bond in evidence. Which bond purported to have been given by Joseph E. West and Daniel E. Estall, to James W. Caldwell, Sheriff of the County of Gloucester, and was dated February 17, 1834. To which…

1Opinion of the Court

The opinion of the court was delivered by

Randolph, J.

West, one of the defendants in this suit, having in the year 1834 sued out a writ of replevin against Edmund Taylor and John C. Bx-iggs, gave, with Estall as his security to the plaintiff, then Sheriff of the county of Gloucester, the bond which is the subject of the pi’esent controversy; it being the common replevin bond usually taken.from the plaintiff and his surety, requiring of the former to prosecute his suit and return the property, if return thereof be awarded. The bond having become forfeited by the failure of the plaintiff to…

2Cases cited6 opinions

  1. Marshall v. DavisNew York Supreme Court · 1828
  2. Ilsley v. StubbsMassachusetts Supreme Judicial Court · 1809
  3. Pangburn v. PatridgeNew York Supreme Court · 1810
  4. Phillips v. HydeSupreme Court of the United States · 1789
  5. Knapp v. ColburnNew York Supreme Court · 1830

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