Ranscher v. McElhinney

This is an action on a forthcoming bond given in an attachment suit. Judgment was rendered against the defendant McElhinney alone, who was a surety on the bond. It is not averred in the petition that the plaintiff recovered a *435judgment iu the attachment suit. The breach of the bond assigned is, that the defendant McElhinney, having received the property from the defendant in the attachment, failed and refused to turn it over to the plaintiff. There is no evidence that the court ever made any order touching the disposition of the attached property ; nor is there any evidence to sustain the…