Magruder v. Marshall

Judgment, execution, and replevin bond; the intestate replevin surety; scire facias against his administrator; plea to the scire facias, that the bond was given for ease and favour; replication to the plea; demurrer and joinder. The defence set up is, that the law authorizing replevin bonds is unconstitutional and void; and this is the only question we are called upon to decide;

Howie, for the plaintiff. Nelson, for the defendant.

Much has been said and written on this vexata quaestio, and much talent has been employed in its discussion, not only here but in some óf our sister states; and in…