Williamson v. Ringgold
U.S. Circuit Court for the District of District of Columbia
Replevin for the plaintiff’s goods taken in execution by the defendant, as marshal of the District of Columbia, at the suit of Thomas Carberry v. John Wells, Jr., moved the Court for a return of property, on the ground that it was in the custody of the law under a fieri facias against Wells at the suit of Thomas Car-berry, and cited Cromwell v. Owens, 7 Har. & Johns. 55, 60, 61; Meany v. Head, 1 Mason, 322; Pritchard v. Stephens, 6 T. R. 522; Thompson v. Button, 14 Johnson,…
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Replevin for the plaintiff’s goods taken in execution by the defendant, as marshal of the District of Columbia, at the suit of Thomas Carberry v. John Wells, Jr., moved the Court for a return of property, on the ground that it was in the custody of the law under a fieri facias against Wells at the suit of Thomas Car-berry, and cited Cromwell v. Owens, 7 Har. & Johns. 55, 60, 61; Meany v. Head, 1 Mason, 322; Pritchard v. Stephens, 6 T. R. 522; Thompson v. Button, 14 Johnson, .84; Mills v. Martin, 19. Johnson, 7; Ilsley v. Stubbs, 5 Mass. R. 280; and 6 Com. Dig. 490. cited Clark v. Skinner, 20…
1Opinion of the CourtCranch, C. J.
(Thrus-ton, J.,) dissenting.
This is a replevin for the plaintiff’s goods, taken on a fieri facias, against John Wells, Jr., at the suit of Thomas Carberry, issued out of this Court.
Mr. Morfit, for the defendant, has moved the Court for a return of the goods under the Act of Assembly of Maryland, 1785, ch. 80, <§> 14, (and also for a venditioni exponas,) because the goods were, as it is said, in the custody of the law, and therefore could not lawfully be replevied, whether the plaintiff in replevin was, or was not, the owner of the goods at the time of the taking, and whether they were taken…
2Cases cited11 opinions
- Yesler v. City of SeattleWashington Supreme Court · 1890
- Badger v. PhinneyMassachusetts Supreme Judicial Court · 1819
- Thompson v. ButtonNew York Supreme Court · 1817
- Marsteller v. FawU.S. Circuit Court for the District of District of Columbia · 1803
- Ilsley v. StubbsMassachusetts Supreme Judicial Court · 1809
6 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Flanagan v. Camden Mutual InsuranceSupreme Court of New Jersey · 1856
- Thompson ex rel. Decala v. Mississippi Marine & Fire InsuranceSupreme Court of Louisiana · 1831