Pettygrove v. Hoyt
Supreme Judicial Court of Maine
In this action, which was debt on a replevin bond, the parties agreed on the following statement of facts. Hoyt, the present defendant, sued out his writ of replevin against Pettygrove, for a schooner boat, the value of which, as stated in the writ and bond, was ^175. The writ was duly served on the execution of the bond now put in suit, which was in the form prescribed by statute ; and the boat was thereupon delivered to Hoyt.
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In this action, which was debt on a replevin bond, the parties agreed on the following statement of facts. Hoyt, the present defendant, sued out his writ of replevin against Pettygrove, for a schooner boat, the value of which, as stated in the writ and bond, was ^175. The writ was duly served on the execution of the bond now put in suit, which was in the form prescribed by statute ; and the boat was thereupon delivered to Hoyt. The writ of replevin was not entered at the term of the Court to which it was made returnable, and Pettygrove filed a complaint for costs, but made no claim in it, for…
1Opinion of the Court
The opinion of the Court was delivered by
' Mellen C. J.
’The condition of the bond declared on is in the legal form; namely, that Hoyt, the plaintiff in the action of replevin, should prosecute the said replevin to final judgment, and pay such damages and costs as the said Pettygrove should recover against him; and also return and restore the boat replevied, in like good order and condition, as when taken, in case such should *69be the final judgment. In the 4th section of ch. 80 of the revised statutes it is enacted, among other things, that “ in case the plaintiff in replevin shall neglect to…
2Cited by5 opinions
- Collamer v. PageSupreme Court of Vermont · 1862
- Archer v. Aetna Casualty Co.Supreme Judicial Court of Maine · 1947
- Lewin v. SteinColorado Court of Appeals · 1895
- Gardiner v. McDermottSupreme Court of Rhode Island · 1878
- Lewin v. SteinColorado Court of Appeals · 1895