Thomas v. Spofford
Supreme Judicial Court of Maine
Reported by Hathaway, J., from October term, 1858. This was an action of Debt on a replevin bond. The plaintiff, as an officer, attached certain personal property on a writ against a person other than either of the defendants in this suit. The action was duly entered, and judgment and execution followed. The defendants replevied the attached property, entered their suit in Court, and became non-suit. Thereupon the Court ordered a return of the property.
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Reported by Hathaway, J., from October term, 1858. This was an action of Debt on a replevin bond. The plaintiff, as an officer, attached certain personal property on a writ against a person other than either of the defendants in this suit. The action was duly entered, and judgment and execution followed. The defendants replevied the attached property, entered their suit in Court, and became non-suit. Thereupon the Court ordered a return of the property. The defendants paid, to be appropriated to their replevin bond, the sum of fifteen hundred dollars, and a sum for the costs of the defendants…
1Opinion of the Court
The opinion of the Court was drawn up by
Kent, J.
In the action of replevin the question of value does not arise as an issue. The title and right of possession are the matters to be determined in the suit. The law will not, however, permit a person to take personal property from another by this process of replevin, until the officer serving the writ has taken a bond to the defendant, with sureties in double the value of the goods to be replevied, conditioned to pay the damages and costs, and also to return and restore the same goods and chattels in like good order and condition as when taken,…
2Cited by4 opinions
- Quinlan v. JonesWyoming Supreme Court · 1921
- Archer v. Aetna Casualty Co.Supreme Judicial Court of Maine · 1947
- Treman v. MorrisAppellate Court of Illinois · 1881
- Hipsley v. HipsleyAppellate Terms of the Supreme Court of New York · 1946