Sumner v. Steward
Superior Court of New Hampshire
A replevin hond is valid, though made payable to the sheriff, his representatives and assigns. Such bond may have but one “ surety,” and not purport to secure 4‘ charges,” if it secure the 4‘ cost and damage.”
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A replevin hond is valid, though made payable to the sheriff, his representatives and assigns. Such bond may have but one “ surety,” and not purport to secure 4‘ charges,” if it secure the 4‘ cost and damage.” An obligation to an officer and his “ successor” does not, without a statute, enable the successor to sue in his own name. s The sheriff, in the execution of civil process, is, to many purppses, agent for both parties ; and a replevin bond, taken in his name, hut duly prosecuted by some other party in interest, cannot be released by the sheriff. This was an action of replevin, to which…
1Opinion of the CourtWoodbury, J.
The proper person to be the obligee in a replevin bond is no1 designated by our statute on replevin.! 1) The form of ^le wr‘l(^ requires, that a bond of a certain description shall be given by the plaintiff to prosecute his suit; but does not particularize to whom it shall be made payable. Under these circumstances, courts would be inclined to sanction any form of the bond in respect to the obligee, which had become settled by uniform practice.
The practice on this point, however, has been different in different counties ; and the question must, therefore, be decided on original principles,…
2Cited by1 opinion
- Phelps v. MahurinSuperior Court of New Hampshire · 1834