Legal Opinion

Corbett v. Pond

Court of Appeals for the D.C. Circuit

Decided January 4, 1897No. 611PublishedCited by 3 opinions

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.

Read the full summary

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

  1. Godfrey P. Schmidt v. Lawrence T. SmithCourt of Appeals for the D.C. Circuit · 1965
  2. Byrne v. TabetDistrict of Columbia Court of Appeals · 1947
  3. Godfrey P. Schmidt v. Lawrence T. SmithCourt of Appeals for the D.C. Circuit · 1965

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API