Court of Appeals of Kentucky, 1822

Clarke v. Bell

Clarke v. Bell
Court of Appeals of Kentucky · Decided October 28, 1822
12 Ky. 164; 2 Litt. 164; 1822 Ky. LEXIS 195

Clarke v. Bell

Opinion of the Court

THIS is an appeal taken by the plaintiff from a judgment for the defendant in a writ of error, coram, vobis, to quash a replevin bond. The only objection taken by the assignment of error in the court below, which is worthy of notice, is, that the name of the se. curity is not contained in the replevin bond.

This objection would have been more plausible, if the bond had been written, as bonds and other deeds very often are, in the third person ; but it is written in the first person plural, and must, therefore, be taken to be expressed in the language of those whose names are thereto subscribed; and as the name of the security is subscribed, and his seal affixed to the bond, as well as that of the principal, it must be taken to be the. bond of both.

The judgment must, therefore, be affirmed with costs and damages upon the damages.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.