Newbert v. Cunningham
Supreme Judicial Court of Maine
Reported from Nisi Prius, Rice, J., presiding. This was an action of the case, against the late sheriff of the comity of Lincoln, for taking an insufficient replevin bond by one of his deputies.
1Opinion of the Court
*232The material facts in the case appear in the opinion of the Court, which was drawn up by
Appleton, C. J.
It appears, from the evidence in the case, that Philip Newbert commenced an action of replevin' against Joseph W. Newbert, in which the defendant recovered judgment and for a return. The execution issuing thereon being returned unsatisfied, the present plaintiff commenced a suit on the replevin bond against Philip Newbert & al., in which judgment was rendered in his favor. Philip Newbert and the surety on his bond being insolvent, this suit was commenced against the late sheriff of this…
2Cases cited2 opinions
- Martin v. HawksNew York Supreme Court · 1818
- Myers v. ClarkSupreme Court of Pennsylvania · 1842
3Cited by18 opinions
- Curtis v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1906
- Renick v. LudingtonWest Virginia Supreme Court · 1880
- Chancey v. BauerCourt of Appeals for the Fifth Circuit · 1938
- Royal Insurance Co. v. SimonCourt of Chancery of Delaware · 1934
- Clark v. SullivanNorth Dakota Supreme Court · 1893
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