McLean v. Isbell

McLean and Dyer, who were non-residents, brought an action of trover against the defendants in error before a justice of the peace for an alleged joint conversion of certain fish, and Davis became security for costs pursuant to the statute. Comp. L. § 5259. The justice sustained the action and gave judgment against the defendants in error for $57 damages and costs of suit. The circuit court on certiorari reversed the recovery allowed by the justice, and gave judgment for costs not only against McLean and Dyer but against Davis, their surety for costs, also. These parties thereupon joined in…