Shepard v. Butterfield

Shepard replevied a canal-boat from Butterfield and Adams, and, suffering nonsuit, the court ordered a return of the property, and assessed $800 damages for its detention. Subsequently, Butterfield and Adams brought suit in the name of the sheriff, on the replevin bond, and recovered a judgment for $1,200 damages, which was paid. Execution was not taken out within the year on the judgment for $800, and a sci. fa. is now brought to revive it. The defendant, in his third plea, sets up the suit on the replevin bond, and avers, that, in the declaration in that suit, the plaintiffs, for breach of…