General Securities Co. v. Hindes

The opinion of the court was delivered by

Harvey, J.:

This is an action against the sureties on the bond hereinafter set out. It was tried to the court, judgment was rendered for plaintiff, and defendants have appealed.

In May, 1920, the General Securities Company brought an action in replevin against Clark V. Johnston for a certain automobile in which plaintiff claimed a special interest by virtue of a chattel mortgage. An affidavit in replevin and a replevin bond were filed and an order of delivery was issued by the clerk of the court and delivered to the sheriff, and the sheriff took…