Raymond v. Whitney
Ohio Supreme Court
In chancery. Reserved in the District Court of Lucas county. The material facts in this case, are the following: On the 21st day of August, 1849, Raymond, the complainant, commenced an action of indebitatus assumpsit, in the court of common pleas of Lucas county, against the canal boat “ Wave,” by name, under the water-craft law, on á claim amounting then to $660.54. The boat, her tackle, apparel and furniture, were seized on the same day, but discharged from the custody of…
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In chancery. Reserved in the District Court of Lucas county. The material facts in this case, are the following: On the 21st day of August, 1849, Raymond, the complainant, commenced an action of indebitatus assumpsit, in the court of common pleas of Lucas county, against the canal boat “ Wave,” by name, under the water-craft law, on á claim amounting then to $660.54. The boat, her tackle, apparel and furniture, were seized on the same day, but discharged from the custody of the sheriff, by a forthcoming bond, executed by complainants Bell, Bond and Rogers, as prescribed by sec. 5, Swan’s Rev.…
1Opinion of the CourtBrinkerhoff, J.
The fifth section of the act referred to in the statement of the case is as follows:
“ That the owner, master, steward, consignee, or other agent of such steamboat or other water-craft, may discharge the property seized, upon entering into bond to the officer taking the same, with two good and sufficient sureties, within the county where such craft may have been seized, in double the amount of the demand sworn to be due by plaintiff, agent, or attorney, conditioned that such property, or double the amount sworn to be due by plaintiff, agent, or attorney, shall be forthcoming to answer the…
2Cases cited2 opinions
- Bowler v. EldredgeSupreme Court of Connecticut · 1846
- Wadsworth v. ParsonsOhio Supreme Court · 1834
3Cited by5 opinions
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- Evans v. IngersolOhio Supreme Court · 1864
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