McKey v. Lauflin

Opinion by

Green, C.:

William Stow, one of the plaintiffs in error, brought an action in replevin in the district court of Elk county to recover the possession of a mule, which he alleged was worth $70; he gave an undertaking, as required by the statute, obtained an order of delivery and through it secure.d the possession of the mule, and then dismissed his action without prejudice. The defendant in error commenced this action in the district court of Elk county upon the replevin bond, alleging the institution of the replevin action, the giving of the bond, the obtaining possession of the mule,…