Clark v. Morss

Citations

• 142 Pa. 311
• 21 A. 802
• 1891 Pa. LEXIS 738

Syllabus

<p>1. Tlie provisions oí § 11, act of March 21, 1772, 1 Sm. L. 373, in relation to the assignment of the bond to be taken from the plaintiff in replevin, and the maintenance of an action thereon in the name of the avowant or person making conusance, affect only such bonds as are taken in replevin of a distress for rent.</p> <p>2. But, in all cases wherein the question in dispute relates to the ownership of the property replevied, the suit on a replevin bond is properly brought in the name of the sheriff, to the use of the party beneficially interested: See Tibbalv. Cahoon, 10 W. 232; Balsley v. Hoffman, 13 Pa. 603.</p> <p>3. There is no statute or rule of public policy prohibiting a sheriff from accepting a replevin bond containing a warrant to confess a judgment, when voluntarily tendered to him by the plaintiff. The warrant affects only the remedy on the bond; but the liability of the obligors is measured by its lawful conditions.</p> <p>4. A judgment confessed on a replevin bond, containing a wai’rant of attorney, is cautionary only; and the confession cannot be held to be premature, when made three years after a verdict was entered in favor of the defendant in the action of replevin, though before judgment was entered on the verdict.</p> <p>5. It is not error, on a trial of an action on a replevin bond, six years after the trial of the action in replevin between the parties, to enter an order, on motion of the plaintiffs, amending the record of the former action, by the correction of a clerical error in recording the verdict rendered.</p>