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1 U.S. 237

Hocker v. Stricker

Supreme Court of the United States

Decided September 1, 1787

Supreme Court of the United States · decided 1787-09

Cited by 1 later decisions — most recently January 1865

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1787-09

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¶1Replevin.

¶2In replevin, the sheriff ough t to allow the defendant a reasonable time to find security, before a removal of the goods; otherwise, it seems, he cannot justify under his writ.

¶3It was ruled, in this case, that before the goods are removed, the sheriff ought to allow a reasonable time, for the defendant in replevin to find security, on a claim of property ; which, in the practice of Pennsylvania, supplies the place of a writ de proprietate probanda: and Shippen, President, said, that if the jury were of opinion, that a reasonable time had been refused, the defendant, Strieker, could not, in an action of trespass, justify under the writ of replevin.(a)

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