Phillips v. Hyde

by Supreme Court of the United States

PHILLIPS versus HYDE.

D

EBT upon a Replevin bond, after judgment de returno habendo in the Replevin, and thereupon a return of Elongatur.

Sergeant, on the trial of the cause,offered witnesses to prove, that the goods had been tendered to the Plaintiff ; and, therefore, that the condition of the Replevin bond has been performed. Levy opposed the admission of this testimony, and contended that no evidence could be received to contradict the Sherrif's return. See 12 Mod. 424. T. Raym. 485 7. 2Mod. 10.11. Cro. E. 872. pl.o.

Sergeant, in reply, admitted, that some returns of the sherriff could not be tranversed ; but, he contended, that the return of Elongatur was not of that class. See. 12 Mod. 426.

the court over-ruled the evidence.

A question then arose, Whether the Jury could include the costs which had accrued on the Replevin, in their verdict in the present action. And the court were clearly of opinion, that they could, and ought to do fo.^[1]

Conformably to which was the verdict of the Jury.

1. Sergeant having suggested, that both points in this case had been otherwise determined in a case of Jackson v. Webb; Mr President Shipppen said, that the matter was there left upon equitable circumstances to the court.