M'Farland v. M'Nitt
New York Supreme Court
Error from the Washington common pleas. This was a suit by the plaintiff as late sheriff of the county of Washington, on a replevin bond, in the penal sum of $50, taken by him on making deliverance under a plaint in replevin of property taken by virtue of a justice’s execution. The plaintiff in the replevin suit was non-prossed for not answering an avowry, and judgment of retorno was awarded to the defendant.
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Error from the Washington common pleas. This was a suit by the plaintiff as late sheriff of the county of Washington, on a replevin bond, in the penal sum of $50, taken by him on making deliverance under a plaint in replevin of property taken by virtue of a justice’s execution. The plaintiff in the replevin suit was non-prossed for not answering an avowry, and judgment of retorno was awarded to the defendant. The plaintiff in the suit on the replevin bond averred that the plaintiff in replevin had not prosecuted his suit with effect, nor relumed the property replevied. The declaration…
1Opinion of the Court
By the Court,
Nelson, J.
The only ground taken to sustain the demurrers, -which I shall notice, is that the plaintiff should have averred in his declaration the issuing of a writ of retorno habendo, and a return of elongata thereto. In the case of Armstrong v. Burrell and others, decided at the last term, (not reported) the question arising in this case was substantially decided. The declaration there was like the present, on a bond given to the sheriff under the fourth section of the act concerning replevins, and the condition was in the same form as here. The defendants demurred, and the…
2Cases cited2 opinions
- Gould v. WarnerNew York Supreme Court · 1829
- Knapp v. ColburnNew York Supreme Court · 1830
3Cited by4 opinions
- Ormsbee v. DavisSupreme Court of Connecticut · 1844
- Wilson v. WilliamsNew York Supreme Court · 1836
- Gordon v. WilliamsonSupreme Court of New Jersey · 1843
- Wilson v. WheelerNew York Supreme Court · 1851