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Hocker v. Stricker

1 U.S. 225 1 Dall. 225 Court SCOTUS English

Delivered by Majority

Contents

Majority

p. 237
Hocker 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.