Kellar v. Carr

Coffey, J. —

This was an action in the circuit court of Madison county upon a replevin bond executed in the usual form, before a justice of the peace. The breaches alleged are that the obligors in said bond failed to return the property replevied, though judgment of return had been awarded, and that said obligors failed and neglected to pay the costs in said replevin suit. The bond is made payable to the appellee and one Franklin Pence, and is in the penal sum of eighty dollars. The suit is prosecuted in the name of the appellee alone, the complaint averring that Pence has no interest in the…