Dixon v. Evans

I. Where a distress warrant is issued and levied on personal property, and a1 claim and forthcoming bond therefor are made and filed by a third party, and the property is found subject on the trial of the claim and is advertised for sale, but is not produced at the time and place of sale, such failure to produce constitutes a breach of the bond; and a suit thereafter filed against the principal and sureties on such bond is not prematurely brought because the defendant in the distress-warrant proceeding had filed a counter-affidavit to said proceeding after the breach of the bond had occurred…