
    Andrew Luckfort versus Abner Keen.
    Defendants in replevin cannot stay execution by giving bond in review.
    In replevin the plaintiff obtained a verdict, and judgment being rendered, the defendant offered a bond to review the action, and stay the execution.
    
      Mellen, for the plaintiff,
    contended that actions of replevin, in which damages were always a subject of minor consideration, and the goods replevied were the main object of the suit, were not .within the intention of the statute prescribing bonds of review; and he likened them to real actions, where a review bond is never taken to stay execution for the costs.
    Wilde, for the defendant,
    insisted that the words of the statute,  were positive, explicitly including the action of replevin, and that no construction was necessary, or ought to be received. The fifth section provides, that when any defendant, entitled and intending to review, shall suppose that he will be in danger of losing the sum given in damages, or the goods or chattels recovered, if obliged to pay or deliver the same to the plaintiff, before a review, in all such cases, such defendant entering into bond, &c., with condition, among other things, if the judgment shall be upon detinue or replevin for any goods or chattels, then to pay all such damages as the jury shall assess for the detection, with * double costs, [ * 501 ] if the former damages are affirmed, then execution shall be stayed, upon the judgment whereon the review is had.
    
    In the reasoning of the Court in the case of Bruce vs. Learned, 
       the above-recited provision of the statute being referred to, the Court say — “It is there enacted, that if the defendant in replevin would review, and stay execution on the former judgment, he must give bond, conditioned,” &c.
    
      
       Sat. 1786, c. 66, § 5.
    
    
      
       4 Mass. Rep 619.
    
   The Court

took time to examine the question, and afterwards declared their opinion, that the defendant would not be entitled to a stay of execution on giving bond in this case.  