Smith v. Whiting
Massachusetts Supreme Judicial Court
Contract against the principal and sureties on a replevin bond. In the superior court, jury trial was waived, and the judge found the facts as follows : Whiting sued out a writ of replevin against Smith, returnable on Saturday, December 16, 1865, before a justice of the peace in Oxford, for two red heifers impounded.
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Contract against the principal and sureties on a replevin bond. In the superior court, jury trial was waived, and the judge found the facts as follows : Whiting sued out a writ of replevin against Smith, returnable on Saturday, December 16, 1865, before a justice of the peace in Oxford, for two red heifers impounded. The officer took the heifers from the possession of Smith, and, after an appraisement duly made, and after taking from Whiting, with sureties, a replevin bond in the usual form, delivered the heifers to Whiting, and made due service on Smith by summons ; but neglected to return…
1Opinion of the CourtChapman, J.
Where a writ of replevin is served, the officer first takes the property from the possession of the defendant, then has it appraised, and afterwards, but before he delivers it to the plaintiff in the action, he takes the replevin bond. Gen. *318Sts. c. 143, §§ 3, 4, 5,12. Wolcott v. Mead, 12 Met. 516. Case v. Pettee, 5 Gray, 27. It is given for the use of the.defendant, and is his only security for the property that has thus been taken from him. The delivery of it to the officer for the defendant’s use is a sufficient delivery of such an instrument. The provision of the statute that the officer…
2Cited by4 opinions
- Parker v. YoungMassachusetts Supreme Judicial Court · 1905
- Hamberger v. SeaveyMassachusetts Supreme Judicial Court · 1896
- Jones v. SmithSupreme Judicial Court of Maine · 1887
- Gardiner v. McDermottSupreme Court of Rhode Island · 1878