Roberts v. Perrine

Mr. Presiding Justice Barry

delivered the opinion of the court.

This action in replevin was begun on March 1, 1923. The issues were settled and the cause was set for hearing before a jury on October 25, 1926. When reached for trial the parties waived'a jury and the hearing was set for October 29, 1926. On that day appellee moved the court to dismiss the suit for the reason that appellants had not filed a replevin bond, and thereupon the court ruled appellants to file a good and sufficient replevin bond instanter, if no replevin bond was filed at the time of the commencement of the suit, and if…