Livings v. Barnes

Appellee brought suit in detinue against one E. D. Turner to recover possession of a Ford car. The property was duly seized by the sheriff. Thereupon the defendant Turner executed a forthcoming bond, for the return of the property in the event of failure in the suit. Code 1923, § 7389.

This bond, instead of providing that defendant, if east in the suit, should within, etc., “deliver the property to the plaintiff,” etc., merely provided that defendant, if cast in the suit, etc., should “deliver the property replevied,” etc. It was taken and approved by the said J. N. Livings, in his official…