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Covell Vs. Heyman
Cites for this judgment
- US Supreme Court
- Mar 31, 1884
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U.S. 176 (1884) U.S. Supreme Court Covell v. HeymanSearch
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U.S. 176 (1884) Covell v. HeymanSearch
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to an action in a state court of replevin of the property seized, without regard to its rightful ownership. Freeman v. HoweSearch
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How. 450, affirmed and applied to the facts in this case. Krippendorf v. HydeSearch
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U. S. 276 , affirmed. Buck v. ColbathSearch
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a complete defense to the action of replevin, without regard to the rightful ownership. The case of Freeman v. HoweSearch
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of others which have followed it. In the opinion in that case, Mr. Justice Nelson refers to the case of Taylor v. CarrylSearch
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a remedy the principle and procedure of which we had occasion we had occasion recently in the case of Krippendorf v. HydeSearch
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U. S. 276 , to restate and reaffirm. The point of the decision in Freeman v. HoweSearch
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S. 180 of enforcing the supremacy of the Constitution and laws of the United States. The doctrine of Freeman v. HoweSearch
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supra, was further defined by the decision in Buck v. ColbathSearch
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itself which acts, and the officer is protected in his obedience to its command. Of this class, the case of Conner v. LongSearch
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that of Buck v. ColbathSearch
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supra, fell within the latter. And in distinguishing that case from Freeman v. HoweSearch
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as owner, may prosecute his right to restitution in either case in the same methods as pointed out in Krippendorf v. HydeSearch
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supra, or he may pursue his remedy for damages against the officer, either personally for the trespass, as in Buck v. ColbathSearch
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supra, or for the breach of his official duty, upon his bond and against his sureties, as in the case of Lammon v. FeusierSearch
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ante, p. 111 U. S. 17 . The very point was involved in the decision in Hagan v. LucasSearch
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of which effectually prevents their confusion, was set forth and vindicated in the judgment of this Court in Ableman v. BoothSearch
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And in Tarble's Case, 13 Wall. 397, commenting on this language of Chief Justice Taney in Ableman v. BoothSearch
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it to be such, and therefore he has it in his possession under color of process and claim of right. In Lammon v. FeusierSearch
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U.S. Supreme Court Covell v. HeymanSearch
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of Freeman v. HoweSearch
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of Taylor v. CarrylSearch
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of Krippendorf v. HydeSearch
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of Conner v. LongSearch
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of Buck v. ColbathSearch
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of Lammon v. FeusierSearch
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In Lammon v. FeusierSearch
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Ableman v. BoothSearch
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