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HUFF V. HUTCHINSON, 55 U. S. 586 (1852)

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U.S. Supreme Court

Huff v. Hutchinson, 55 U.S. 14 How. 586 586 (1852)

Huff v. Hutchinson

55 U.S. (14 How.) 586


Where the Marshal of the District of Wisconsin attached property at the suit of creditors in New York, and then gave it up upon the execution of a bond to himself for the use of those creditors, it was within the jurisdiction of the District Court of the United States for Wisconsin to entertain a suit by the marshal, suing upon the bond for the New York creditors, against the claimants in Wisconsin, although both parties resided in the same state.

The name of the marshal was merely formal; the real plaintiffs were averred to be citizens of New York.

It was not a good exception upon the ground of variation between the evidence and declaration that the latter stated the bond to have been given to Hutchinson as marshal of the District of Wisconsin, and the former said the State of Wisconsin. They mean the same thing.

Judgment having been rendered for the plaintiffs in the attachment by a court having jurisdiction over the subject, it was too late to object to those proceedings in a suit upon the bond, in which they were collaterally introduced.

The bond given to the marshal was in conformity with the statute. chanroblesvirtualawlibrary

Page 55 U. S. 587

The objections that the declaration on the bond did not show the jurisdiction of the court in the attachment suit; that the verdict was entered for the amount due instead of the penalty of the bond, and that the recovery was for a sum greater than was claimed by the ad damnum in the declaration, were not sufficient for a new trial.

This case was brought up, by writ of error, from the District Court of the United States for the District of Wisconsin.

The facts are stated in the opinion of the Court.

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