Greely v. Currier
Supreme Judicial Court of Maine
On Exoeptions from Nisi Prius, Rice, J., presiding. Replevin. The bond given by the plaintiff had only one surety. On the second day of the term to which the writ was re* turnable; the defendant filed a written motion, that for that cause, the writ might abate; and on the ninth day of the same term, he filed a motion for a return of the property replevied and for an order accordingly.
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On Exoeptions from Nisi Prius, Rice, J., presiding. Replevin. The bond given by the plaintiff had only one surety. On the second day of the term to which the writ was re* turnable; the defendant filed a written motion, that for that cause, the writ might abate; and on the ninth day of the same term, he filed a motion for a return of the property replevied and for an order accordingly. The plaintiff contended as to the first motion, that the want of an additonal surety did not render the process fatally defective, and offered to pay the costs awarded and furnish the additional surety. But the…
1Opinion of the CourtRice, J.
— By provision of § 10, c. 130, R. S., an officer, before serving a writ of replevin is required to take from the plaintiff, or some one in his behalf, a bond to the defendant, with sufficient sureties, in double the value of the goods replevied, conditioned, &c., to be returned with the writ. This bond is provided for the security of the defendant, the taking of which is a condition precedent which must be complied with before a legal service of the writ can be made. It, however, being a provision for the defendant’s benefit, may be waived by him. Or if he choose he may take advantage of…
2Cited by2 opinions
- Collamer v. PageSupreme Court of Vermont · 1862
- Whitford, Sanders & Co. v. GoodwinSupreme Court of Rhode Island · 1880