Corbett v. Pond
Court of Appeals for the D.C. Circuit
Hearing on an appeal from an order in an action of replevin by the defendant overruling a motion after a jury of inquest and judgment for damages or return of goods replevied.
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Hearing on an appeal from an order in an action of replevin by the defendant overruling a motion after a jury of inquest and judgment for damages or return of goods replevied. The Court in its opinion stated the case as follows: On February 21, 1891, one James H. Gulick, as executor of the last will and testament of Emmeline M. Guliek, instituted a suit in replevin at common law against the appellant, Edward Corbett, as defendant, to recover from him certain specific chattels or personal property alleged to be of the value of $500. As required by the statute, the plaintiff in the suit filed…
1Opinion of the CourtJustice Morris
We cannot assent to the proposition that, when a suit in replevin has been instituted in this District by a foreign executor or administrator, or, indeed, by any nonresident, and the property sued for has been seized under the writ and delivered to the plaintiff, and the plaintiff thereafter thinks proper to abandon the suit, and yet retains the property, the defendant, from whom the property has been taken under process of law, practically shown by the abandonment of the suit to have been unjustifiable, has no redress in the tribunal which issued the process, and must have recourse to the…
2Cited by3 opinions
- Godfrey P. Schmidt v. Lawrence T. SmithCourt of Appeals for the D.C. Circuit · 1965
- Byrne v. TabetDistrict of Columbia Court of Appeals · 1947
- Godfrey P. Schmidt v. Lawrence T. SmithCourt of Appeals for the D.C. Circuit · 1965