¶1We are all of opinion that this motion cannot prevail. The bond in this case, being for more than twice the value of the goods replevied, will always be subject to reduction on a hearing in equity. It was certainly sufficient to justify the officer in serving the writ of replevin; and indeed it may have been true that the defendant himself insisted on a larger bond than the writ directed, alleging that the goods were greatly undervalued in the writ. Whether this was the case or not, the bond being in too large a sum can never operate to the defendant’s injury. The service was legal, and the defendant can take nothing by his motion.
8 Mass. 153
Clap v. Guild
Massachusetts Supreme Judicial Court
Decided October 15, 1811
Massachusetts Supreme Judicial Court · decided 1811-10-15
In replevin of goods, which had been attached by the defendant as a deputy sheriff, the goods were valued at 150 dollars, and the coroner was directed to execute the precept, provided the plaintiff in replevin should first give bond in the sum of three hundred dollars. But the coroner actually took a bond in the sum of 800 dollars, the plaintiff’s damage in the writ, upon which the goods were attached, having been laid at 400 dollars; and this had probably misled the coroner.
Good law ✅— No negative treatment on recordhow we know
Decided 1811-10-15
How this case has been cited
Cited by 10 later decisions — most recently April 1979
9 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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