Balsley v. Hoffman
Supreme Court of Pennsylvania
Error, to tbe Common Pleas of Dauphin county. ■ This was an action in debt brought- in the name of the late sheriff for the use of Balsley against Hoffman and Buehler, on a replevin bond executed by Hoffman and Buehler. Buehler was served with the process, Hoffman was not, but counsel appeare4 for. Mm.
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Error, to tbe Common Pleas of Dauphin county. ■ This was an action in debt brought- in the name of the late sheriff for the use of Balsley against Hoffman and Buehler, on a replevin bond executed by Hoffman and Buehler. Buehler was served with the process, Hoffman was not, but counsel appeare4 for. Mm. Hoffman had instituted an action of replevin against Balsley, for a canal boat, and in that action Hoffman gave bond, with Buehler as his surety, to the sheriff, in which the conditions were, that if the above bounden Jacob Hoffman shall be and appear before the judges, at Harrisburg, at the…
1Opinion of the Court
The opinion of the court was delivered by.
Bell, J.
The leading question presented by the record is whether the defendant can in this action upon the replevin bond be made answ.erable for the damages recovered by the now plaintiff, as defendant in the action of replevin, as well as for the value of the goods eloigned ? B.uehler, who was the surety of Hoffman and the only party really defending, insists that his liability is’ to be measured by the value of the property replevied and the costs of the former action, leaving to Balsley his execution upon the first judgment as the only means of…
2Cases cited6 opinions
- Gibbs v. BartlettSupreme Court of Pennsylvania · 1841
- Gould v. WarnerNew York Supreme Court · 1829
- Beyer v. FenstermacherSupreme Court of Pennsylvania · 1837
- M'Cabe v. MoreheadSupreme Court of Pennsylvania · 1841
- Phillips v. HydeSupreme Court of the United States · 1789
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Hibert v. LangSupreme Court of Pennsylvania · 1895
- Cochran v. CutterSuperior Court of Pennsylvania · 1901
- Commonwealth v. LenhartSupreme Court of Pennsylvania · 1912
- Meeker v. HalseyCourt of Appeals for the Second Circuit · 1937
- Watterson v. FuellhartSupreme Court of Pennsylvania · 1895
5 more not listed; retrieve them via the Exa API.