Stoddard v. Gilman
Supreme Court of Vermont
Replevin for a cow. The defendant moved to dismiss the suit, for the reason that no security for costs was given by way of recognizance', at the time the writ was issued. It appeared, that a replevin bond had been given, in the form required by the statute. The county court, December Term, 1848, — Poland, J., presiding, _overruled the motion; to which decision the defendant excepted.
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Replevin for a cow. The defendant moved to dismiss the suit, for the reason that no security for costs was given by way of recognizance', at the time the writ was issued. It appeared, that a replevin bond had been given, in the form required by the statute. The county court, December Term, 1848, — Poland, J., presiding, _overruled the motion; to which decision the defendant excepted. The defendant then pleaded the general issue, and also avowed the taking of the property, as constable and collector of taxes of the town of Westmore, under a rate bill and warrant for the collection of a tax to…
1Opinion of the Court
The opinion of the court was delivered by
Poland, J.
1. The first question in this case arises upon the defendant’s motion to dismiss the plaintiff’s suit for want of a recognizance for costs.
We think this motion was correctly overruled. In all the classes of replevin suits, provided for by our statute, the plaintiff is required, before his writ is served, to give a bond to the defendant, with sufficient surety, in double the value of the property to be replevied, one of the conditions of which bond is, to pay all such costs, as the defendant may recover in the suit against him. This was…
2Cases cited1 opinion
- Dunshee v. StearnsSupreme Court of Vermont · 1826
3Cited by8 opinions
- Neill v. WardSupreme Court of Vermont · 1930
- Eiss v. SummersAppellate Division of the Supreme Court of the State of New York · 1923
- Cox v. Town of Mount TaborSupreme Court of Vermont · 1868
- Estey v. StarrSupreme Court of Vermont · 1884
- State ex rel. Sullivan v. RossNebraska Supreme Court · 1908
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