Nelson v. United States Fidelity & Guaranty Co.

FOSTER, Justice.

! The question on this appeal is whether it is necessary in a common law action on a forthcoming detinue bond executed by the plaintiff under authority of section .920, Title 7, Code, upon the strength of which he obtained possession of the property pending the detinue suit, to allege in the complaint that a judgment was ren- ' dcred in favor of defendant for the property sued for of its alternate value. Plaintiff in this case was the obligee in the bond, defendant in the detinue suit. Upon demurrer being sustained to counts 3, 4 and 5, as they originally appeared and as they…