Majority
p. 237Hocker v. Stricker, under-sheriff.
Syllabus
Replevin.In 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.
It 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.[1]
(a) (a) See Weaver v. Lawrence, ante, p. 156, and the notes to that ease.