Ormsbee v. Davis
Supreme Court of Connecticut
This was an action of debt on a bond of recognizance, given by the defendant, as the surety of Israel Saunders, on a writ of replevin.
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This was an action of debt on a bond of recognizance, given by the defendant, as the surety of Israel Saunders, on a writ of replevin. The declaration stated, that on the 21st of January 1841, the plaintiff brought an action againt Elisha A. Smith, by writ of attachment, which was served by Franklin Bailey, a deputy-sheriff, by attaching certain goods as the property of Smith; that on the 1st of February 1841, Israel Saunders, claiming to be the owner of the goods so attached, prayed out a writ of replevin, with a count in trespass, against Ormsbee, the present plaintiff, on which Simon Davis…
1Opinion of the CourtStorrs, J.
The defendant claims, that the facts alleged in the first plea, and the rejoinder in connexion with it, constitute a bar to this action, because they show, that the property re*574plevied by Saunders, was, when attached on behalf of the plaintiff, and ever since has been, holden by the officer who attached the same, to respond on the executions of Pond & Co., on whose behalf it was first attached. The objection to the plantiff’s recovery is urged, on the ground that the plaintiff has no interest in the property, or that there has not been a breach of the condition of the replevin bond, because…
2Cases cited2 opinions
- Hart v. SeixasNew York Supreme Court · 1839
- M'Farland v. M'NittNew York Supreme Court · 1833
3Cited by7 opinions
- Sheehan v. Zoning CommissionSupreme Court of Connecticut · 1977
- Corden v. Zoning Board of AppealsSupreme Court of Connecticut · 1945
- Fielding v. SilversteinSupreme Court of Connecticut · 1898
- Allen v. WoodfordSupreme Court of Connecticut · 1869
- Bankers' Commercial Security Co. v. District Court of Box Elder CountyUtah Supreme Court · 1922
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