Williams v. Vail

Campbell J.:

_ Vail recovered a judgment below, against Williams, as principal, and Beckwith and Kingsbury, as sureties on a replevin bond — Williams having become nonsuit in the original replevin suit, and Vail having recovered a judgment for the value of the property with the costs of his defense.

*163The errors assigned cover two points: Mrst, the ruling of the court below, whereby the right of action was maintained on the return of the execution referred to in th,e record: Second, the refusal of the court to permit evidence to show that Yail was but a part-owner of the property replevied, for…