Gibbs v. Bartlett
Supreme Court of Pennsylvania
ERROR, to the Common Pleas of Bradford county. Eli Gibbs against David Bartlett and Jesse Woodruff. This was an action of debt upon a replevin bond. Alexander Neely, Thomas Pearsall, and Nathaniel Pearsall sued out a writ of replevin against Eli Gibbs; whereupon they gáve bond to the sheriff and received the goods.
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ERROR, to the Common Pleas of Bradford county. Eli Gibbs against David Bartlett and Jesse Woodruff. This was an action of debt upon a replevin bond. Alexander Neely, Thomas Pearsall, and Nathaniel Pearsall sued out a writ of replevin against Eli Gibbs; whereupon they gáve bond to the sheriff and received the goods. The action of replevin was tried and a verdict and judgment rendered for the plaintiff, which was removed to the Supreme Court by writ of error, where the judgment was reversed, and no venire de novo was awarded. See for report of the case, 7 Watts 305. The plaintiff, Eli Gibbs,…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
The condition of a replevin bond is, to prosecute the suit with effect, and make return of the goods and chattels, if a return thereof shall be adjudged. It is not, as is erroneously supposed, in Kimmel v. Kint, (2 Watts 432), in the alternative, with alternate branches coupled disjunctively, but they are distinct and independent of each other, and a breach of one of them will occasion a forfeiture. Thus it has been ruled, that if the plaintiff neglect to levy his plaint at the next County Court, or if he make default in any of the subsequent…
2Cases cited3 opinions
- Knowles v. LordSupreme Court of Pennsylvania · 1839
- Kimmel v. KintSupreme Court of Pennsylvania · 1834
- Gibbs v. NeelySupreme Court of Pennsylvania · 1838
3Cited by25 opinions
- Mayer v. WalterSupreme Court of Pennsylvania · 1870
- Coleman's AppealSupreme Court of Pennsylvania · 1869
- Balsley v. HoffmanSupreme Court of Pennsylvania · 1850
- Campbell v. HarringtonMissouri Court of Appeals · 1902
- May, Stern & Co. v. LintnerSuperior Court of Pennsylvania · 1917
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