Krippendorf v. Hyde
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF INDIANA. In equity. — In September, 1882, two of the defendants, partners as Hyde & Brothers, brought an action at law in the Cir-Court against Lewis C. Frey and Jacob C. Maag, partners as Frey & Maag, to recover an amount alleged to be due for goods and merchandise sold, and levied a writ of attachment issued therein on a stock of goods in the city of Indianapolis,, as the property of Frey & Maag, which…
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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF INDIANA. In equity. — In September, 1882, two of the defendants, partners as Hyde & Brothers, brought an action at law in the Cir-Court against Lewis C. Frey and Jacob C. Maag, partners as Frey & Maag, to recover an amount alleged to be due for goods and merchandise sold, and levied a writ of attachment issued therein on a stock of goods in the city of Indianapolis,, as the property of Frey & Maag, which was in the possession of the appellant, and of which, at that time, as he alleged, he was owner. The property was…
1Opinion of the CourtJustice Matthews
After reciting the facts in the language above" stated, he continued: ' •
According to the law of Indiana, the giving of ’ the delivery bond did not divest the lien óf the attachment upon the goods, which remained, in contemplation of law, in the possession’of the officer, Gass v. Williams, 46 Ind. 253; so that if the proceedings had been in .the State court the appellant, while the goods remained in specie, on demand and refusal of a return of the property to him by the officer, might have maintained an action of replevin on proof of title. Louthain, v. Fitzer, 78 Ind. 449.
Having disposed of…
2Cases cited13 opinions
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- Watson v. SutherlandSupreme Court of the United States · 1867
- Clarke v. MathewsonSupreme Court of the United States · 1838
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- Pennock v. CoeSupreme Court of the United States · 1860
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- In Re TylerSupreme Court of the United States · 1893
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