The District Reports, Containing Cases Decided in the Various Judicial Districts of the State of Pennsylvania. V. 1-30; 1892-1921 Volume 14

The District Reports, Containing Cases Decided in the Various Judicial Districts of the State of Pennsylvania. V. 1-30; 1892-1921 Volume 14

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1905 edition. Excerpt: ... v. Cowperthwaite, 1 Dallas, 349, Shippen, President Judge, speaking of a replevin bond, said: "But the latter must await the event of the replevin which may be suspended for several years, until, perhaps, by the vicissitudes of trade and fortune, the sureties have become insolvent. This, therefore, is the hard part of the sheriff's duty.... That the policy of the law in this respect bears hard upon the sheriff may be the reason that the legislature should make some new provision for an inquiry into the sufficiency of the bail in an earlier stage of the cause." The legislature. in its supreme wisdom, 113 years after this suggestion from Judge Shippen, enacted a law relieving the sheriff and providing a method of inquiry into the sufficiency of the bail. Our Supreme Court has recognized this eminently wise provision in Vetheriil v. Gallagher, 211 Pa. 306, in which Mestrezat, J., said: " The Act of April l9. i901, has made the remedy by replevin more speedy and effective than under the former practice in such actions. The hond required of the plaintiff and the defendant, and the counter Crawford v. Fuimer. bond by an intervenor, under the Act of 1901, would afford complete protection to all parties interested in the property in controversy." Is it wise or expedient to attempt to find reasons for a distinction in writs of replevin in order that we may have certain writs issued and regulated by the Act'of 1772, and other writs issued and regulated by the Act of April 19, 1901? Is it wise to render again the sheriff's position uncertain and uncomfortable, and take away from him the protection and relief given by the Act of 1901? Most assuredly not. An examination of suits brought and decisions rendered since this latter...
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Product details

  • Paperback | 654 pages
  • 189 x 246 x 33mm | 1,148g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236953053
  • 9781236953056