Legal Opinion

Gardiner v. McDermott

Supreme Court of Rhode Island

Decided July 27, 1878Published

Debt. On motion to arrest judgment.

1Opinion of the CourtMattesoN, J.

This is an action of debt on a replevin bond.

The defendant McDermott replevied from the plaintiff, a deputy sheriff, certain goods and chattels attached by the latter, and in his custody, as the property of one Patrick O’Grady. Prior to the service of the replevin writ, the officer charged with its service took from the defendant McDermott the bond in suit, signed by him as principal and by the defendant Durfee as surety, with condition, as required by statute, 1 to prosecute the writ of re-plevin to final judgment and pay such damages and costs as the defendant in such writ should recover…

2Cases cited8 opinions

  1. Gibbs v. BartlettSupreme Court of Pennsylvania · 1841
  2. Smith v. WhitingMassachusetts Supreme Judicial Court · 1868
  3. Persse v. WatrousSupreme Court of Connecticut · 1861
  4. Collamer v. PageSupreme Court of Vermont · 1862
  5. Pettygrove v. HoytSupreme Judicial Court of Maine · 1833

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