Sterling v. Welcome
New York Supreme Court
This was an action of replevin noticed for trial at the Oneida circuit, in May, 1837, and submitted to the Hon. John Willard, one of the circuit judges upon a case agreed upon by the parties setting forth the following facts : On the 12th December, 1835, Jl.
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This was an action of replevin noticed for trial at the Oneida circuit, in May, 1837, and submitted to the Hon. John Willard, one of the circuit judges upon a case agreed upon by the parties setting forth the following facts : On the 12th December, 1835, Jl. G. Colwell and L. Long, obtained an attachment from a justice of the peace in the county of Herkimer against the property of one Ezra C. Lee, which was delivered to Ezekiel'Welch, a constable of Frankfort in the county of Herkimer, and who by virtue thereof levied upon two roan horses and a set of harness, the property of Lee. A bond…
1Opinion of the Court
By the Court, Nelson, Ch. J.
The case of Van Loan v. Kline, 10 Johns. R. 129, is in point to show that the bond given by a defendant in an attachment conditioned that the goods and chattels seized, shall be produced to satisfy the execution thereafter to be issued, does not operate to discharge them from the lien under it, but that notwithstanding the bond they continue in the custody of the law. The attachment in Van *240Loan v. Kline, was issued under the act of 1808, but the provision in respect to the bond is' the same as that now in force, 2 R. S. 231, § 32. The exposition of the provision…
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