Green v. Kindy
Michigan Supreme Court
Error to Kalamazoo. Debt on bond in replevin. Defendants bring error. The sheriff’s return to a writ of replevin as to whether the plaintiff had given a bond, is conclusive, Roiuell v. Klein 44 Ind. 290; Smith v. Noe 30 Ind. 117; Hamilton v. Matlock 5 Blackf. 421; Remington v. Henry 6 id. 63; Bean v. Parker 17 Mass. 591; Slayton v, Chester 4 Mass. 478; Phillips v. Harvey 50 Miss. 489; Bott v. Burnell 9 Mass. 96: 11 Mass. 163; Eastabrook v. Hapgood, 10 Mass. 313; Bussell v.…
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Error to Kalamazoo. Debt on bond in replevin. Defendants bring error. The sheriff’s return to a writ of replevin as to whether the plaintiff had given a bond, is conclusive, Roiuell v. Klein 44 Ind. 290; Smith v. Noe 30 Ind. 117; Hamilton v. Matlock 5 Blackf. 421; Remington v. Henry 6 id. 63; Bean v. Parker 17 Mass. 591; Slayton v, Chester 4 Mass. 478; Phillips v. Harvey 50 Miss. 489; Bott v. Burnell 9 Mass. 96: 11 Mass. 163; Eastabrook v. Hapgood, 10 Mass. 313; Bussell v. Gray 11 Barb. 541; Henderson v. Cairns 14 Barb. 15; Johnson v. Jones 2 Neb. 126; Putnam v. Man 3 Wend. 202; Baker v.…
1Opinion of the CourtMarston, C. J.
This action was brought upon what purported to have been a bond dated April 23, 1869, given by the plaintiffs in a replevin suit under Comp. L. § 6735, to obtain a delivery of the property from the sheriff.
There are a number of fatal objections to a recovery in the present case; all need not be noticed.
The return of the sheriff in the replevin suit was dated May 1, 1869, and was filed two days thereafter. In this he certifies and returns that he replevied the property as commanded, April 22d, and that the plaintiffs in the suit failed to give him the required bond within the time required by…
2Cases cited1 opinion
- Forrest v. O'DonnellMichigan Supreme Court · 1880
3Cited by12 opinions
- O'Grady v. First Union National BankSupreme Court of North Carolina · 1978
- State v. HillNebraska Supreme Court · 1896
- Goddard v. HarbourSupreme Court of Kansas · 1896
- Schneider & Davis v. Ferguson & SonTexas Supreme Court · 1890
- Gay v. MurphySupreme Court of Missouri · 1896
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