Case v. Babbitt

This is an action of tort to recover of the defendant, a deputy sheriff, damages for taking an informal bond in a replevin suit commenced by Venus Macomber against the plaintiff, by virtue of which writ he took from the possession of-the plaintiff various articles of personal property. The action of replevin, after entry of the same, was on motion of the defendant in that suit, who is the plaintiff in the present one, dismissed for informality in the bond, and a return ordered of the property to the defendant in replevin. The question now before us is, whether the defendant can be allowed to…