Dillon v. Scofield
Nebraska Supreme Court
Error to the district court for Otoe county. Heard below before Round, J. The relation of a replevin bond given under our statute to a subsesequent error or appeal bond given in the same case is that of principal to a supplemental obligation; and therefore the replevin bond must pay'the debt to the relief of the appeal bond.
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Error to the district court for Otoe county. Heard below before Round, J. The relation of a replevin bond given under our statute to a subsesequent error or appeal bond given in the same case is that of principal to a supplemental obligation; and therefore the replevin bond must pay'the debt to the relief of the appeal bond. Hartioell v. Smith, 15 Ohio St., 200. Parsons v. Briddock, 2 Vernon, 608. Cowan v. Duncan, 1 Meigs, 470. Ploioe v. Frasier, 2 Rob., La., 424. Sayler v. Boss, 15 Ind.,. 130. Sayler v. State, 5 Ind., 202. Story’s Equity, sec. 498. Craythorne v. Sweinburne, 14 Vesey,…
1Opinion of the CourtCobb, J.
This case turns upon a single point. The plaintiii alleges in his petition that the defendant Scofield commenced an action in the district court against Henry Brown, administrator, etc., to recover the possession of one piano and piano stool; that in the course of such action, such proceedings were had that * * * the said defendants, Scofield, Hamlin, and Keegan, made and executed to the said Henry Brown, administrator, etc., their written undertaking, a"copy of which is set out in said petition, and is the usual undertaking in replevin, in the penal sum of six hundred and two dollars, double…
2Cases cited1 opinion
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- Davis v. City of WilloughbyOhio Supreme Court · 1962
- Prosser v. Village of Fox LakeIllinois Supreme Court · 1982
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