Bennett v. O'Byrne

Suit by the appellant on a replevin bond, alleging for breach that the plaintiff in replevin did not prosecute his suit with effect, etc., but dismissed it, etc. Answer in bar, that the property was the property of O’Byrne, who was plaintiff in the replevin. The same fact was also answered in mitigation of damages. A demurrer to the answer in bar was overruled, and this is assigned for error.

The record shows that the court afterward sustained this demurrer. This, though somewhat irregular, cured the error, and made it harmless; nor does it matter that the appellant afterward, of his own…