Tripp v. Howe
Supreme Court of Vermont
Replevin for goods attached by the defendant on mesne process. The writ was returnable at the May term, 1870, and the replevin bond was returned at the same term.
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Replevin for goods attached by the defendant on mesne process. The writ was returnable at the May term, 1870, and the replevin bond was returned at the same term. The writ commanded the officer to replevy the goods, “ provided * * * shall give a bond in the penal sum of nine hundred dollars, with sufficient surety, to prosecute their replevin to the next stated session of the county court to be held at Woodstock, within and for said county of Windsor, and so from court to court, until the cause be ended, and to pay such costs and damages as the said Howe shall recover.” The bond returned was…
1Opinion of the Court
The opinion of the court was delivered by
Wheeler, J.
Perhaps, upon seasonable objection, the writ in this case would have been adjudged bad because it did not require the officer to take a bond for a return of the property, as well as for the prosecution of the replevin to effect and the paynient of costs and damages, and the bond have been held insufficient for want of surety. But these irregularities did not make the proceedings so void that the court did not have jurisdiction of the parties and of the subject-matter of the suit,, and were such that the defendant could waive them. By…
2Cited by5 opinions
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