Berry v. Hoeffner
Supreme Judicial Court of Maine
On Facts Agreed. Debt on a replevin bond, dated June 10, 1859. The plaintiff was a deputy sheriff for this county, when the bond in suit was given, and as such, held in his possession, a piano, which he had taken from one McGowan upon a legal search warrant issued upon complaint of the defendant Hoeffner. The title to the piano was claimed by both Hoeffner and McGowan, who notified Berry of the fact, and demanded possession.
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On Facts Agreed. Debt on a replevin bond, dated June 10, 1859. The plaintiff was a deputy sheriff for this county, when the bond in suit was given, and as such, held in his possession, a piano, which he had taken from one McGowan upon a legal search warrant issued upon complaint of the defendant Hoeffner. The title to the piano was claimed by both Hoeffner and McGowan, who notified Berry of the fact, and demanded possession. Berry declined to deliver the piano to either party until their legal rights to the same were determined. Whereupon, on June 10, 1859, Hoeffner replevied the piano,…
1Opinion of the CourtAppleton, C. J.
—This is an action of debt upon a replevin bond.
*172No service was made by the officer upon Hoeffner, he not being an inhabitant of this State, and having no property nor any attorney therein. After the entry of the action, notice was given by publication in a paper printed in the State. The defendant seasonably appeared after such publication for the purpose of denying jurisdiction and abating the writ.
It is apparent from the officer’s i’eturn that the Court have no jurisdiction over the person or property of Hoeffner. The plaintiff may have leave to discontinue as to him, upon the terms…
2Cited by6 opinions
- Capital Lumbering Co. v. LearnedOregon Supreme Court · 1899
- Leeper, Graves & Co. v. First Nat. Bank of HobartSupreme Court of Oklahoma · 1910
- MacRae v. Kansas City Piano Co.Supreme Court of Kansas · 1904
- Wallace v. CoxNebraska Supreme Court · 1912
- Lawer Auto Supply Co. v. Teton Auto Co.Wyoming Supreme Court · 1930
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