Clap v. Guild
Massachusetts Supreme Judicial Court
In replevin of goods, which had been attached by the defendant as a deputy sheriff, the goods were valued at 150 dollars, and the coroner was directed to execute the precept, provided the plaintiff in replevin should first give bond in the sum of three hundred dollars. But the coroner actually took a bond in the sum of 800 dollars, the plaintiff’s damage in the writ, upon which the goods were attached, having been laid at 400 dollars; and this had probably misled the coroner.
1Opinion of the Court
Curia.
We are all of opinion that this motion cannot prevail. The bond in this case, being for more than twice the value of the goods replevied, will always be subject to reduction on a hearing in equity. It was certainly sufficient to justify the officer in serving the writ of replevin; and indeed it may have been true that the defendant himself insisted on a larger bond than the writ directed, alleging that the goods were greatly undervalued in the writ. Whether this was the case or not, the bond being in too large a sum can never operate to the defendant’s injury. The service was legal, and…
2Cited by12 opinions
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- Litchman v. PotterMassachusetts Supreme Judicial Court · 1874
- Maguire v. Pan-American Amusement Co.Massachusetts Supreme Judicial Court · 1910
- Cady v. EgglestonMassachusetts Supreme Judicial Court · 1814
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