Arthur v. Sherman

The opinion of the court was delivered by

Hoyt, C. J.

This action was brought to recover upon a bond given by the defendants in a replevin action to secure the return to them of property of which the plaintiff had obtained possession by filing the bond and affidavit required by the statute.

Three reasons are suggested why the action could not be maintained: First, that the bond was invalid; second, that under the execution issued in favor of the plaintiff in the replevin suit such action was taken by the plaintiff, or the sheriff in his behalf, as to be equivalent to a return of the property by…