Douglass v. Douglass
Supreme Court of the United States
Error to the Supreme Court for the District of Columbia; the case being thus: By an act of the Assembly of Maryland, in force in the District of Columbia,*, provision is made that, upon motion of the defendant in replevin in certain specified cases, the court may order a return of the goods taken in such replevin, to the defendant.
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Error to the Supreme Court for the District of Columbia; the case being thus: By an act of the Assembly of Maryland, in force in the District of Columbia,*, provision is made that, upon motion of the defendant in replevin in certain specified cases, the court may order a return of the goods taken in such replevin, to the defendant. In such cases when a return is awarded, it is “upon the said defendant entering into bond, with security to be approved by the court, conditioned for the return of said property, if the same be adjudged by the court.”* This statute being in force, Henry Douglass…
1Opinion of the CourtJustice Swayne
The exceptions taken by the defendant are all well taken. The central and controlling question in the ease is the effect of the seizure of the property by the marshal, and its tender to the plaintiff. He sued out the writ. It went into the hands of the marshal by his procurement. He was the actor in causing its issuance and service. The marshal acted for him. He cannot be permitted to play fast and loose with the process he invoked. The marshal’s possession was his possession. As soon as it was taken the efficacy of the bond touching the return of the property was at an end. The bond…
2Cases cited1 opinion
- Carrico v. TaylorCourt of Appeals of Kentucky · 1835
3Cited by1 opinion
- Douglass v. Douglass, AdministratorSupreme Court of the United States · 1874