Green v. Barker
Supreme Court of Connecticut
This was an action against James W. Barker, Horatio W. Paine and Otis M. Dorrance, on a replevin bond given by them to the plaintiff. From the declaration and subsequent pleadings, terminating in demurrers, the following facts appeared.
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This was an action against James W. Barker, Horatio W. Paine and Otis M. Dorrance, on a replevin bond given by them to the plaintiff. From the declaration and subsequent pleadings, terminating in demurrers, the following facts appeared. The plaintiff, in several suits in his name against Norman Graves, attached a quantity of leather, by writs issued and served on the 1st day of April, 1837, returnable to the county court of Windham county, on the second Tuesday of August, 1837. The suits were continued to the term of that court on the second Tuesday of December, 1838. Prior to this term,…
1Opinion of the CourtSherman, J.
The object of a replevin bond, given by one not party to the suit, who claims to be the owner of the property attached, is, to place the attaching creditor in as good a condition as he would have been, if his officer had continued in possession of the property. It is a security substituted for that which is taken away by the replevin. This is its only object. The plaintiff’s officer holds the property by virtue of the attachment, for no purpose but to apply it upon the execution, inpayment of the judgment which may be recovered, and the costs arising on the levy of the execution. The…
2Cited by12 opinions
- Coit v. SistareSupreme Court of Connecticut · 1912
- Morgan v. New York National Building & Loan Ass'nSupreme Court of Connecticut · 1900
- Persse v. WatrousSupreme Court of Connecticut · 1861
- Craig v. WagnerSupreme Court of Connecticut · 1914
- Meyers v. C. I. T. CorporationSupreme Court of Connecticut · 1945
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