Hurd v. United States Fidelity & Guaranty Co.

The opinion of the court was delivered by

Burch, J.:

The action was one to recover against a surety on a replevin bond. Plaintiff prevailed, and defendant appeals.

*454The purpose of the replevin action was to obtain possession of a large number of automobile tires. The petition was in the ordinary form, and the answer was a general denial. The bond sued on was given, an order of delivery was duly issued, and the tires were delivered to plaintiff. At the commencement of the trial the following admission was made:

“It is admitted in open court by the parties hereto that the property in controversy was…