Morse v. Hodsdon
Massachusetts Supreme Judicial Court
Debt on bond. Upon oyer had, the following appeared to be the conditions, viz. “ The conditions of this obligation are [ *315 ] such that whereas Isaac Hodsdon has * this day, by virtue of a writ of replevin, purchased out of the clerk’s office of the Court of Common Pleas for the county of Hancock, and directed to the coroner of said county, replevied sundry goods, wares and merchandise as mentioned in the schedule annexed to the writ, of the value of one hundred and…
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Debt on bond. Upon oyer had, the following appeared to be the conditions, viz. “ The conditions of this obligation are [ *315 ] such that whereas Isaac Hodsdon has * this day, by virtue of a writ of replevin, purchased out of the clerk’s office of the Court of Common Pleas for the county of Hancock, and directed to the coroner of said county, replevied sundry goods, wares and merchandise as mentioned in the schedule annexed to the writ, of the value of one hundred and sixty-four dollars and forty-three cents, which goods were attached by the said Andrew Morse, a deputy sheriff, at the suit of…
1Opinion of the Court
The opinion of the Court was afterwards delivered by
Parsons, C. J.
As the defendants have neither pleaded performance of the condition, nor any excuse for not performing it, the plain tiff must have judgment, unless from the facts disclosed in the plea, or appearing on the face of the bond, it is void in law.
The statute directing the form of the writ of replevin enjoins the officer to replevy the goods — provided the plaintiff in replevin give him a bond with the condition there prescribed, which bond he is to take in the name of the defendant in replevin, and return it with his writ when…
2Cited by47 opinions
- Heldt v. StateNebraska Supreme Court · 1886
- Gifford v. CarvillCalifornia Supreme Court · 1866
- Johnson v. Erskine ex rel. HangerTexas Supreme Court · 1852
- Board of Education v. GrantMichigan Supreme Court · 1895
- Butler v. O'BrienSupreme Court of Alabama · 1843
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