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Phillips v. Hyde

Phillips v. Hyde, 1 U.S. (1 Dall.) 439 (1789)
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Court
Supreme Court of the United States
Decided
June 1, 1789
Citations
1 U.S. 4391 Dall. 439
Headnotes
Verdict on replevin-bond. Debt upon a replevin-bond, after judgment de retorno hábendo in the replevin, and thereupon, a return of elongatur.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion

The Court overruled the evidence, (a)

A question then arose, whether the jury could include the costs which had accrued on the replevin, in their verdict in the present action. And the Court were clearly of opinion, that they could, and ought to do so.

(b)

Conformable to which was the verdict of the jury.

(a)

See Shewoll v. Fell; 3 Yeates 17 ; 4 Id. 47 .

(b)

Sergeant having suggested, that both the points in this case had been otherwise determined in a case of Jackson v. Webb, Mr. President Shippen said, that the matter was there left, upon equitable circumstances, to the court.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1823–1824: 11833–1834: 11837–1838: 11839–1840: 21847–1848: 11849–1850: 11863–1864: 118232026peak 1839 · 2

Relies on it most ⓘ

  1. Whiting v. Barney30 N.Y. 330 (1864)
  2. Knowles v. Lord4 Whart. 500 (1839)
  3. Balsley v. Hoffman13 Pa. 603 (1850)
  4. Woodsides v. State3 Miss. 655 (1837)
  5. Tibbal v. Cahoon10 Watts 232 (1840)
  6. Blythe v. Richards10 Serg. & Rawle 261 (1823)

Most recent

  1. Whiting v. Barney30 N.Y. 330 (1864)
  2. Balsley v. Hoffman13 Pa. 603 (1850)
  3. Caldwell v. West21 N.J.L. 411 (1848)
  4. Tibbal v. Cahoon10 Watts 232 (1840)
  5. Knowles v. Lord4 Whart. 500 (1839)
  6. Woodsides v. State3 Miss. 655 (1837)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Shewel v. Fell, 3 Yeates 17 (1800) 3

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