Boom v. St. Paul Foundry & Manufacturing Co.

In a former action in the nature of replevin, brought by this defendant against this plaintiff, a recovery of the possession of a portable steam-engine was sought. The statutory bond required in such actions was given, the plaintiff (this defendant) being the principal obligor. Upon the proper requisition the property was taken from the defendant, Boom, and delivered to the plaintiff in that action. The cause was tried before the court without a jury, upon an agreed statement of the facts, and upon the pleadings, showing among other things that the plaintiff’s (this defendant’s) right was…