Blatchford v. Boyden

Citations

• 122 Ill. 657
• 13 N.E. 801

Syllabus

<p>1. Parties—im replevin. Where goods levied on under an execution are replevied, the officer having their legal custody is the proper person to he made a defendant. The plaintiffs in the execution are not necessary, or even proper, parties to the suit.</p> <p>2. Replevin—to whom, property is to be returned on writ of retorno habendo. Where goods levied on by a sheriff, and held by him under an execution, are taken from his custody by writ of replevin, they can be rightfully returned to him alone upon a writ of retorno habendo. The plaintiffs in the execution having never had the goods in possession are not entitled to have return thereof made to them, but they must be returned to the sheriff, to be applied in satisfaction of the execution in his hands.</p> <p>3. Allegations and proofs—in suit on replevin bond—as to identity of person for whose use the suit is brought. In replevin against a sheriff for goods levied on by him under an execution, the bond is properly made to the coroner, and, upon condition broken, that officer may sue thereon for the use of any person damaged by the wrongful suing out of the writ, or by the failure of the plaintiff to return the property as awarded. And when the plaintiff in execution is also made defendant in replevin, and named as a defendant in the replevin bond, he may be joined as one in use with the sheriff; but the right to enforce the entire liability being in the sheriff, the plaintiff in execution being joined as defendant in the replevin suit, or as a usee in the suit on the bond, can in no way affect the sheriff’s right of recovery, or add to the liability of the obligors in the bond, and hence describing such plaintiff in execution as the assignee of a wrong person will not defeat a recovery or afford ground to exclude the bond.</p> <p>4. A sheriff levied an execution in favor of A, as assignee of the estate of B, upon goods, when a third person replevied the same in an action against the sheriff, and A, as assignee of