Booth v. National Surety Co.

This is an action to recover on a replevin bond executed by the National Surety Company as surety. In an action to recover possession of a Ford coupe wherein J. A. Lang was plaintiff and Percy B.. Booth, plaintiff herein, was defendant, judgment was rendered in favor of the defendant for the return of the automobile and for costs amounting to $15.50. However, there was no alternative judgment so that defendant could recover the value of the car in the event a return thereof was not had. After such termination of the replevin action Lang delivered the car to the plaintiff but, as alleged by…