Carrico v. Taylor

Judge Marshall

delivered the Opinion of the Court.

The plaintiff in this case, who was defendant in an action of replevin between the same parties, having issued a writ de retomo habendo, upon the failure of the plaintiff in replevin to establish his right, and the sheriff having in fact taken possession of the property replevied under that writ: it is the opinion of the Court that the condition of the bond for returning the property is substantially complied with. The effect and object of that condition is, that the obligors shall have the property forthcoming, to be delivered to the obligee…