Hunt v. Chambers
Supreme Court of New Jersey
Error to the Supreme Court. This was an action of replevin brought by Chambers against Hunt to recover a sloop, &c. The defendant below pleaded that the sloop was the property of the defendant, and not of the plaintiff, and prayed a return. Replication that the sloop, &e. at &c. was not the property of the defendant but of the plaintiff, and issue to the country. At the trial (Mereer Cireuit, Sept.
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Error to the Supreme Court. This was an action of replevin brought by Chambers against Hunt to recover a sloop, &c. The defendant below pleaded that the sloop was the property of the defendant, and not of the plaintiff, and prayed a return. Replication that the sloop, &e. at &c. was not the property of the defendant but of the plaintiff, and issue to the country. At the trial (Mereer Cireuit, Sept. Term, 1842,) the plaintiff proved the purchase of the vessel by him, aud a bill of sale executed to him in his own name. Whereupon the defendant offered to prove, by the admissions of the plaintiff…
1Opinion of the CourtCarpenter, J.
On the question of costs, I assent to the reasoning of the opinion delivered in the court below. 1 Spenc. 109. Whatever may be the mere form of the verdict and of the judgment, the plaintiff, in case of success, does in this action recover the goods replevied. In my judgment, it is a reasonable construction of the statute, in accordance with its true intent and meaning, that a plaintiff in replevin, should be allowed costs when he recovers in the Supreme Court, property above the value of two hundred dollars.
In regard to the matter chiefly in controversy in the present instance, whether the…
2Cases cited3 opinions
- Bemus v. BeekmanCourt for the Trial of Impeachments and Correction of Errors · 1829
- State v. JohnsonSuperior Court of Delaware · 1927
- Williams v. WelchNew York Supreme Court · 1830
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