Schott v. Youree

This suit was brought by appellee, late coroner, etc., for use of Gruaz, an execution creditor, against appellant, surety on a replevin bond, in a suit wherein F. Byhiner & Co. were plaintiffs, and Hotz, sheriff, and Brnnschweiller, custodian, were defendants. The replevin suit was dismissed and a writ of retorno awarded. The appellant filed seven pleas, setting up the defenses : 1, non est factum; 2, that the case was not tried on its merits, etc.; 3, that F. Byhiner & Co. had failed and made an assignment, and that Gruaz should have filed his claim against the estate; 4, that after the…