97 Mass. 316 | Mass. | 1867
Where a writ of replevin is served, the officer first takes the property from the possession of the defendant, then has it appraised, and afterwards, but before he delivers it to the plaintiff in the action, he takes the replevin bond. Gen.
To construe the statute otherwise would give the plaintiff an unreasonable advantage, and subject the defendant to an unreasonable risk. The condition of the bond was broken in this case by the neglect of the plaintiff in replevin to prosecute his suit; and the ruling of the superior court, which was merely pro forma, was erroneous. New trial granted.