Rains v. Ethridge-Atkins Motor Co.

This action is by the appellee against the appellants for the breach of the conditions of a replevy bond executed by the appellant Rains as principal, with the other appellants as his sureties, and payable to the plaintiff, under which Rains retained the possession of a Ford automobile, which had been seized by the sheriff of Cherokee county, under a writ of detinue, issued-in a suit by the plaintiff against Rains, brought for the recovery of the automobile, and damages for its wrongful detention.

The conditions of the bond are: “Now, therefore, * * * if the said Gus Rains, Constable Beat 6,…