Gordon v. Williamson
Supreme Court of New Jersey
Judgment by default having been entered in this court against the defendant, in an action brought upon a replevin bond executed by his intestate, a writ of inquiry was issued to the sheriff of the county of Hunterdon to assess the damages sustained by the plaintiff.
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Judgment by default having been entered in this court against the defendant, in an action brought upon a replevin bond executed by his intestate, a writ of inquiry was issued to the sheriff of the county of Hunterdon to assess the damages sustained by the plaintiff. Upon the hearing before the sheriff and the jury of inquiry, the plaintiff gave the following evidence : The record of a judgment recovered by him in the Court of Common Pleas of the county of Hunterdon, against the defendant’s intestate, in an action of replevin, by which it appeared, that the plaintiff in replevin the defendant…
1Opinion of the Court
Whitehead, Justice.
This case does not come within the provisions of the tenth section of the act regulating actions of replevin, Elm. Dig. 467, which is confined to proceedings in replevin in eases of distress for rent.
At common law, in case of a verdict for the defendant, or if the plaintiff were nonsuit, the judgment was that the defendant have return of the goods. 2d Archibold practice, 83. Damages and costs -were afterwards given by statute 7 Henry, 8, to avow-ants and persons making cognizance for rents, customs and services, if they obtain a verdict or the plaintiff be nonsuit. The…
2Cases cited1 opinion
- M'Farland v. M'NittNew York Supreme Court · 1833