Legal Opinion

Morris v. De Witt

New York Supreme Court

Decided June 17, 1830PublishedCited by 16 opinions

Writ of replevin. On the 19th May the defendant De Witt sued out a writ of replevin against the plaintiff Morris and one Platt, returnable at the July term, to the sheriff of Schenectady, commanding him to replevy 350 tons of bog or iron ore. The ore was delivered by the sheriff to the defendant De Witt.

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Writ of replevin. On the 19th May the defendant De Witt sued out a writ of replevin against the plaintiff Morris and one Platt, returnable at the July term, to the sheriff of Schenectady, commanding him to replevy 350 tons of bog or iron ore. The ore was delivered by the sheriff to the defendant De Witt. On the 27th May the plaintiff Morris sued out two writs of replevin against the defendant, one to the sheriff of Schenectady, and the other to the sheriff of Mb any, to replevy the same ore, by virtue of which the ore was re-delivered to the plaintiff, part by the sheriff of Schenectady and…

1Opinion of the Court

By the Court,

Savage, Ch. J.

The law has provided guards against abuses in practice under the writ of replevin. By the revised statutes, not only a bond, with sufficient sure*72ties must be given, but the plaintiff must make affidavit of his t¡t)e to property replevied. The defendant, however, may have the question of property tried before the officer making replevin ; and even after a verdict against him, the plaintiff may still claim deliverance of the property by giving further security. Now all this is a very useless proceeding, if the defendant in replevin has a right to turn round and bring…

2Cited by16 opinions

  1. McKnight v. DunlopNew York Supreme Court · 1848
  2. Horr v. BarkerCalifornia Supreme Court · 1858
  3. Lowry v. HallSupreme Court of Pennsylvania · 1841
  4. Taylor v. The Royal SaxonU.S. Circuit Court for the District of Eastern Pennsylvania · 1849
  5. Hines v. AllenSupreme Judicial Court of Maine · 1867

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