United States Carriage Co. v. Bay City Buggy Works

JAMES, Chief Justice.

The case appears from the following statement:

W. F. Short brought suit in the District Court against W. E. Love and attached the property in question as the property of Love. Appellee took the property under a claim bond. Thereafter appellant sued appellee (the claimant) for debt, and attached the property in his possession.

The court held this attachment to be wrongful, on the ground that the statute of 1887, relating to the trial of the right of property declared property in the hands of a claimant pending the proceedings relative to the claim, to be in custodia legis,…