MURDOCH v. WILL


1 U.S. 341 (1788)

1 Dall. 341

MURDOCH versus WILL.

Supreme Court of United States.


THIS was an action against the late Sheriff for taking insufficient sureties on a replevin bond; and the PRESIDENT, in his charge to the Jury, laid down the following positions.

1. That, as the law gives the remedy of a distress to a landlord, it is incumbent upon the Sheriff to see that the security is good, before he returns the property on a replevin.

2. That evidence of a vague report of the surety's being in good circumstances is not sufficient to repel...

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