Field v. Lumbard

Irvine, C.

This was an action on a replevin bond, in which a judgment of dismissal was obtained by the defendant. In the replevin action there had been a finding or verdict for the defendants therein, but the judgment was for the *398value of the property only, and not in the alternative, for a return thereof or its value, as the statute requires; and the defendant herein, the surety on the bond, asserted that, he was discharged because of this irregularity. A consideration of tlua question renders unnecessary an examination of the other questions involved.

It was in one case suggested, without…