Sevey v. Blacklin
Massachusetts Supreme Judicial Court
This was an action of debt on a bond, which, on oyer, appeared to have been made by the defendants to the plaintiff, a deputy sheriff of the county, upon suing out a writ of replevin against him in the name of Blacklin, and was in its form pursuant to the statute.
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This was an action of debt on a bond, which, on oyer, appeared to have been made by the defendants to the plaintiff, a deputy sheriff of the county, upon suing out a writ of replevin against him in the name of Blacklin, and was in its form pursuant to the statute. The defendants, under leave obtained, plead two several pleas, the substance of which sufficiently appears in the opinion of the Court, which was given without argument, the counsel for the defendants not inclining to argue in support of the pleas.
1Opinion of the Court
Curia.
The action in debt on a replevin bond given by the said Blacklin as principal, and the other defendants as his sureties, on a writ of replevin to replevy sundry chattels alleged to be improperly taken and detained by the said Sevey. After oyer of the bond and of the condition, which appear to be in the form prescribed by law, the defendants, by leave of the Court, plead two several pleas in bar of the plaintiff’s action ; and if either of these pleas is good, the defendant must have judgment; but if both are bad, judgment must be rendered for the plaintiff.
In the first plea the…
2Cases cited1 opinion
- Otis v. BlakeMassachusetts Supreme Judicial Court · 1810
3Cited by13 opinions
- Commonwealth v. RyanMassachusetts Supreme Judicial Court · 1809
- Ayrault v. ChamberlainNew York Supreme Court · 1860
- Kerr v. ForceU.S. Circuit Court for the District of District of Columbia · 1826
- Lee v. DozierMississippi Supreme Court · 1866
- Longstreet v. Steam-Boat R. R. SpringerDistrict Court, S.D. Ohio · 1880
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