Tuck v. Moses
Supreme Judicial Court of Maine
Oh Exceptions. Debt upon a replevin bond given in the penal sum of fifty-six hundred and twelve dollars, for the replevying of 952 cords of wood, the value of which was, as alleged in the replevin writ, twenty-eight hundred and fifty-six dollars. Plea, nil debet.and joinder, with proper specifications of defence.
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Oh Exceptions. Debt upon a replevin bond given in the penal sum of fifty-six hundred and twelve dollars, for the replevying of 952 cords of wood, the value of which was, as alleged in the replevin writ, twenty-eight hundred and fifty-six dollars. Plea, nil debet.and joinder, with proper specifications of defence. The writ of replevin was abated on motion of the defendant in replevin, (present plaintiff,) because the penal sum of the bond, (now in suit,) was one hundred dollars less than double the alleged value of the wood replevied, and, thereupon, a judgment for a return was ordered; and…
1Opinion of the CourtAppletoN, C. J.
The city of Bath, one of the defendants in this suit, replevied from the plaintiff a quantity of wood attached by him, as a deputy sheriff, in suits against the Androscoggin Railroad Co. The bond given in the re-plevin suit was not in double value of the wood replevied. At the instance, and on the motion of the defendant in re-plevin seasonably filed, the writ was abated because the bond was not such as the statute requires. The then de*119fendant moved for a return, which was ordered, but the order of the Court not being complied with, he brings this action upon the replevin bond. The presiding…
2Cases cited6 opinions
- Morse v. HodsdonMassachusetts Supreme Judicial Court · 1809
- Sherry v. ForesmanIndiana Supreme Court · 1841
- Persse v. WatrousSupreme Court of Connecticut · 1861
- Collamer v. PageSupreme Court of Vermont · 1862
- Moors v. ParkerMassachusetts Supreme Judicial Court · 1807
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- General Securities Co. v. HindesSupreme Court of Kansas · 1925
- Child's Play Ltd. v. A & A, Inc.Supreme Judicial Court of Maine · 1994