Marshal v. Livingston

1. Where an action of trover was brought, and bail process was s'ued out, and upon the failure of the defendant to give the bond required, the plaintiff' gave bond and security, and the property was delivered to him, if he voluntarily dismissed his action of trover, this amounted in law to a judgment of restitution, and ipso faeto upon such dismissal, entitled the defendant to a writ of restitution, or, where k was impossible to restore the subject of the action in kind, to a writ of fieri facias to the value thereof. Where the plaintiff gives bond and takes the property, this carries with it…