Truitt v. Collins
Superior Court of Delaware
A writ of replevin to the October Term, 1894, was issued at the suit of Benjamin M. Jones against George Harmon for a lot of cord-wood, under which said property was delivered to the said Jones, he, with the defendant in this action, Elijah W. Collins, executing to the sheriff a replevin bond in the penal sum of four hundred dollars with condition, in substance, that if the said Jones should appear before the Judges of the Superior Court for Sussex County at the October Term…
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A writ of replevin to the October Term, 1894, was issued at the suit of Benjamin M. Jones against George Harmon for a lot of cord-wood, under which said property was delivered to the said Jones, he, with the defendant in this action, Elijah W. Collins, executing to the sheriff a replevin bond in the penal sum of four hundred dollars with condition, in substance, that if the said Jones should appear before the Judges of the Superior Court for Sussex County at the October Term then next, and then and there well and truly prosecute the said writ of replevin with effect; and should return said…
1Opinion of the Court
Spruance, J.:
The question now presented to us is a very interesting one.
The authorities cited by the counsel for the defendant— especially Clark vs. Norton, 6 Minn., 412 ; Chambers vs. Waters, 7 Cal., 390; Wall vs. Humphreys, 4 Dana (Ky.), 209, and Kimmell vs. Kint, 2 Watts, 431—seem to us very strong. They are to the effect that in an action upon a replevin bond no matter can be tried which could have been tried in the action of replevin and that the value of the goods, the ownership of the property and all similar questions, are triable and determinable only in the replevin suit.
It appears…
2Cases cited2 opinions
- Clark v. NortonSupreme Court of Minnesota · 1861
- Chambers v. WatersCalifornia Supreme Court · 1857
3Cited by8 opinions
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- Black v. H. Feinberg Furniture Co.Superior Court of Delaware · 1938
- Console Master Speaker Corp. v. Muskegon Wood Products Corp.Superior Court of Delaware · 1928
- In re the Estate of HitchensOrphan's Court of Delaware · 1920
- Barber v. ClendanielSuperior Court of Delaware · 1917
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