Knapp v. Colburn
New York Supreme Court
Demurrer to declaration. The declaration states, that) on, &c. at, &c. the plaintiffs took and detained certain timber of E. Colburnand J. Burray ; that Colburn and Burray made their plaint to the sheriff of Seneca, out of the county court of the said sheriff, of the taking and detaining the same and prayed the sheriff that the timber might be forthwith replevied and delivered to them; that thereupon the sheriff, according to the form of the statute in such case made and…
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Demurrer to declaration. The declaration states, that) on, &c. at, &c. the plaintiffs took and detained certain timber of E. Colburnand J. Burray ; that Colburn and Burray made their plaint to the sheriff of Seneca, out of the county court of the said sheriff, of the taking and detaining the same and prayed the sheriff that the timber might be forthwith replevied and delivered to them; that thereupon the sheriff, according to the form of the statute in such case made and provided, did take from Colburn and Burray, and from E. W. and G. B. two responsible sureties, a bond in double the value…
1Opinion of the Court
*618 By the Court,
Sutherland, J.
The declaration is fatally ¿[efectjTe jn not averring that the goods replevied were taken by the plaintiffs as a distress for rent. It is only in such cases that the bond is assignable so as to authorize the assignees of the sheriff to bring the action in their own names. The eighth section of the “ act to prevent abuses and delays in actions of replevin,” (1 R. L. 93,) which is a transcript of the 11 George 2, ch. 19, authorizes this course of proceeding in every replevin of a distress for rent, where the bond is forfeited. It is indispensible, therefore, where…
2Cases cited1 opinion
- Ladd v. NorthMassachusetts Supreme Judicial Court · 1807
3Cited by2 opinions
- M'Farland v. M'NittNew York Supreme Court · 1833
- Caldwell v. WestSupreme Court of New Jersey · 1848