Commonwealth to Use v. Breckenridge (Et Al.)

Opinion by

Kenworthey, J.,

The action is on a replevin bond by a landlord against his tenant’s sureties. Judgment was entered for plaintiff after an order overruling an affidavit of defense raising questions of law and defendants’ failure to plead over. One of the sureties appeals.

The pleadings established the facts as follows: Plaintiff-landlord distrained for $2,835 rent. The tenant then brought an action of replevin pursuant to the Act of 1901, April 19, P. L. 88, as amended, 12 PS §1824 et seq. The bond on which appellant was surety was conditioned “that if ...... [tenant] ...... fail to…