Legal Opinion

Wise v. Bowen

U.S. Circuit Court for the District of District of Columbia

Decided April 15, 1821PublishedCited by 2 opinions

Replevin. The defendant pleads property in one Bellmyer, and justifies the taking, as constable, under an execution, to him directed, in the cause of Holtzman v. Bellmyer.

Read the full summary

Replevin. The defendant pleads property in one Bellmyer, and justifies the taking, as constable, under an execution, to him directed, in the cause of Holtzman v. Bellmyer. Holtzman, the real defendant, had indemnified the defendant Bowen, who, upon voir dire, stated that he was indemnified by Holtzman, and did not think himself interested, unless to the amount of his fees on an execution which might be issued in the ease of Holtzman v. Bellmyer, in case the property should be found to be in Bellmyer.

1Opinion of the Court

The Court (Cranch, C. J., doubting,)

thought this interest too remote, and permitted the defendant to be sworn as a witness.

2Cited by2 opinions

  1. Washburn v. TracySupreme Court of Vermont · 1824
  2. Hilton v. BeckU.S. Circuit Court for the District of District of Columbia · 1830