Fritts v. Reidel

The opinion of the court was delivered by

Dawson, J.:

This was an action on a bond for the redelivery of a mare which the plaintiff had subjected to an attachment in an action before a justice of the peace. When the justice gave judgment for plaintiff the attached property was ordered to be delivered to the constable and sold. The mare was withheld and its delivery refused.

The defendant bondsman answered that he could not read the English language, and that he had signed the bond at the request of plaintiff’s attorney, who at the time told him,

“All it will mean is that you simply stand as…