Flagg v. Tyler
Massachusetts Supreme Judicial Court
Debt on a replevin bond executed by William Neal as principal, and William Tyler, the defendant’s intestate, as surety, being the same bond which was in the case of Flagg vs. Tyler, [ante, vol iii. 303.] The original defendant having deceased, and his administrator having been admitted to take upon him the defence of the action before the former judgment was pronounced, a repleader was awarded by consent.
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Debt on a replevin bond executed by William Neal as principal, and William Tyler, the defendant’s intestate, as surety, being the same bond which was in the case of Flagg vs. Tyler, [ante, vol iii. 303.] The original defendant having deceased, and his administrator having been admitted to take upon him the defence of the action before the former judgment was pronounced, a repleader was awarded by consent. Upon oyer of the bond and condition, the present defendant pleads in bar, that the goods replevied were the property of Neal, and held as such by Flagg, attached on mesne process at the suit…
1Opinion of the CourtSewall, J.
It appears, from the pleadings in this case, that William Neal was principal in a replevin bond, in which the defendant’s intestate was a surety. Upon this bond given to the present plaintiff, certain goods in his hands were replevied at the suit of Neal, who claimed them as his property. Neal’s replevin was entered in the Court of Common Pleas, and after several continuances in that court, Neal, the plaintiff, became nonsuit. Nothing is said in the plea of the damages or costs to be paid, in case the plaintiff in the replevin neglected to prosecute his,suit to final judgment; but it is…
2Cited by6 opinions
- Guild v. ButlerMassachusetts Supreme Judicial Court · 1877
- Flagg v. TylerMassachusetts Supreme Judicial Court · 1807
- Sibley v. McAllasterSuperior Court of New Hampshire · 1836
- Davis v. HardingMassachusetts Supreme Judicial Court · 1862
- Carmichael v. FoleyMississippi Supreme Court · 1837
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