Covell v. Heyman
Supreme Court of the United States
IN ERROR TO THE SUPREME COURT OF THE STATE OF MICHIGAN. The defendant in error was the plaintiff in the State court, and brought her action of replevin for the recovery of specific personal property, to which she claimed title, and which she alleged was wrongfully detained from her by the plaintiff in error.
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IN ERROR TO THE SUPREME COURT OF THE STATE OF MICHIGAN. The defendant in error was the plaintiff in the State court, and brought her action of replevin for the recovery of specific personal property, to which she claimed title, and which she alleged was wrongfully detained from her by the plaintiff in error. The defendant below was deputy marshal of the United States, and, as such, had possession of the property replevied by virtue of an execution issued upon a judgment of the Circuit Court of the United States for the "Western District of Michigan against Adolph Heyman, having taken the…
1Opinion of the CourtJustice Matthews
'delivered the opinion of the court. He stated the facts in the foregoing language and continued:
The sole question presented for our decision is whether it was error in the State court to permit a recovery of the possession of property, thus held, against a marshal of the United States or his deputy, in behalf of'the rightful owner; and whether, on the other hand, it should not have adjudged in favor of the defendant below, that his- possession of the property by virtue of the levy under the writ was, in itself, a complete defence to the action of replevin, without regard to the rightful…
2Cases cited8 opinions
- Wayman v. SouthardSupreme Court of the United States · 1825
- Freeman v. HoweSupreme Court of the United States · 1861
- Ableman v. BoothSupreme Court of the United States · 1859
- Krippendorf v. HydeSupreme Court of the United States · 1884
- Buck v. ColbathSupreme Court of the United States · 1866
3 more not listed; retrieve them via the Exa API.
3Cited by372 opinions
- Kline v. Burke Construction Co.Supreme Court of the United States · 1922
- Darr v. BurfordSupreme Court of the United States · 1950
- Ex Parte RoyallSupreme Court of the United States · 1886
- Frank v. MangumSupreme Court of the United States · 1915
- Ponzi v. FessendenSupreme Court of the United States · 1922
367 more not listed; retrieve them via the Exa API.