Clap v. Bell

The sheriff cannot retain goods attached by him on mesne process after judgment is rendered for the defendant, although the plaintiff reviews the account

This was a writ of replevin brought to replevy certain chattels which the defendant, who is a deputy sheriff of this county, had attached as the property of the present plaintiff. By a statement of facts, upon which the opinion of the Court was given, it appeared that Brazier and Davis, in February, 1803, commenced a suit against Clap, on which the defendant, Bell, attached the goods in question. On the 8th day of January, 1806, a verdict was given for Clap in that suit, and judgment rendered thereon for costs against the then plaintiffs. On the 13th of February following, * Brazier and Davis sued a writ [ * 100 ] of review of that judgment, which Was duly served on Clap on the 21st of the same February, and was still pending. On the 15th of October, 1806, Clap sued this writ of replevin, having previously demanded the goods of Bell, who refused to deliver them, by the direction of Brazier and Davis, they claiming a right to hold them under the attachment, until the determination of the said review.