Lord v. Bicknell
Supreme Judicial Court of Maine
On Report from Nisi Prius, Tenney, J., presiding. Case. The defendant is a deputy sheriff. He took from Lord a yoke of oxen upon writ of replevin in favor of one Miller.
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On Report from Nisi Prius, Tenney, J., presiding. Case. The defendant is a deputy sheriff. He took from Lord a yoke of oxen upon writ of replevin in favor of one Miller. Judgment was rendered in favor of Lord, the defendant in that suit, for a return of the oxen, and for damage assessed at $40, and for cost $115,54. Execution upon that judgment was duly issued and seasonably placed for service in the hands of an officer, who returned it in no part satisfied, certifying that he had demanded the oxen of Miller, who neglected to deliver them ; and also that he had made search for them, but…
1Opinion of the CourtHathaway, J.
— Case against a deputy sheriff for taking insufficient sureties in a replevin bond.
The writ of replevin was in form prescribed by stat. of 1821, c. 63, reenacted by c. 114 of the R. S., and required the officer to take a bond with sufficient surety or sureties. Chapter 130, <§> 10, provides that the officer shall take a bond with sufficient sureties. The bond taken by the defendant had two sureties, one of whom only was. sufficient.
By c. 114, <§> 1, the Court is authorized to make alterations in the forms of writs to adapt them to the changes in the law, but no alteration seems to have been…
2Cases cited1 opinion
- Jones v. BunnCourt of Appeals of Kentucky · 1859