Phelps v. Fickes

This was an action of debt, brought in the circuit court of Mason county by the appellant, on á replevin bond, against appellee Fickes as principal, and the other appellees as securities, on the bond.

To the original declaration, filed herein, the appellees filed three pleas, upon which issue was joined. Subsequently, under leave of the court to file an amendment to the declaration,, the appellant filed an additional count.

A demurrer interposed' to the amendment or second count of the declaration, was, by order of the court, sustained, and under the provisions of the statute the costs accruing…