Melvin v. Winslow
Supreme Judicial Court of Maine
This action, which was debt on a replevin bond was, submitted for the decision of the Court, upon the following agreed statement of facts. The plaintiff as a deputy-sheriff, having in his hands a writ against Moses B. Gilman, in favour of one Clancey, attached certain personal property including a horse, estimated to be worth $60. In July, 1828, the defendant replevied the property attached, and gave the bond declared on.
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This action, which was debt on a replevin bond was, submitted for the decision of the Court, upon the following agreed statement of facts. The plaintiff as a deputy-sheriff, having in his hands a writ against Moses B. Gilman, in favour of one Clancey, attached certain personal property including a horse, estimated to be worth $60. In July, 1828, the defendant replevied the property attached, and gave the bond declared on. The replevin writ was entered and prosecuted to final judgment, which was rendered in this Court, October, 1829, in favour of the present plaintiff for a return of the…
1Opinion of the Court
The opinion of the Court was delivered by
Mellen C. J.
It appears that the horse in question died a natural death, without the fault or negligence of any one, after he was attached at the suit of Clancey, and before the action was decided; but not till after the action of replevin was commenced. The question is, whether, according to the true com struction of the condition of the replevin bond, the obligors are answerable for the value of the horse. By law, Melvin, the officer who served the writ in Clancey’s action, had an unquestioned right to attach the horse and hold him in his custody,…
2Cases cited1 opinion
- Congdon v. CooperMassachusetts Supreme Judicial Court · 1818
3Cited by1 opinion
- De Thomas v. WitherbyCalifornia Supreme Court · 1882