Clap v. Bell
Massachusetts Supreme Judicial Court
This was a writ of replevin brought to replevy certain chattels which the defendant, who is a deputy sheriff of this county, had attached as the property of the present plaintiff. By a statement of facts, upon which the opinion of the Court was given, it appeared that Brazier and Davis, in February, 1803, commenced a suit against Clap, on which the defendant, Bell, attached the goods in question.
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This was a writ of replevin brought to replevy certain chattels which the defendant, who is a deputy sheriff of this county, had attached as the property of the present plaintiff. By a statement of facts, upon which the opinion of the Court was given, it appeared that Brazier and Davis, in February, 1803, commenced a suit against Clap, on which the defendant, Bell, attached the goods in question. On the 8th day of January, 1806, a verdict was given for Clap in that suit, and judgment rendered thereon for costs against the then plaintiffs. On the 13th of February following, * Brazier and Davis…
1Opinion of the CourtParsons, C. J.
Bell, the deputy sheriff, contends that, on the facts in this case, the attachment continued in force, and that it was his duty to retain the goods notwithstanding Clap’s demand. But we are all of opinion that, when goods or estate are attached by virtue of an original writ to secure the judgment, which the plaintiff may recover, if on the appeal judgment be rendered for the defendant, the attachment is ipso facto dissolved ; and the sheriff can no longer retain the property attached against the demand of the defendant. If the plaintiff should recover judgment, and should delay delivering his…
2Cited by15 opinions
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