Mason v. Richards
Supreme Court of Iowa
Appeal from Dubuque City Court. Mobley brought an action of replevin for certfún.(goods, against Hayden, sheriff, giving bond with the Richards, as his surety. Hayden succeeded in that'Setiiip, and this suit is brought on the bond by MaSon, (a party ir^ terested,) against Mobley and Richards.
Read the full summary
Appeal from Dubuque City Court. Mobley brought an action of replevin for certfún.(goods, against Hayden, sheriff, giving bond with the Richards, as his surety. Hayden succeeded in that'Setiiip, and this suit is brought on the bond by MaSon, (a party ir^ terested,) against Mobley and Richards. On the trial it appeared, among other things, that in the replevin suit, the court found the value of the goods taken under the writ to be $4032.42-100; that the defendant (Hayden,) made his election to take a judgment for the value of the goods instead of an order for their return, and it was thereupon…
1Opinion of the CourtWeight, J.
There are several errors assigned, but they all resolve themselves in this one, whether Richards the surety is liable on the bond, there being no order for the return of the property in the replevin suit.
The bond is in the usual form, and conditioned, as required by the statute, that Mobley will appear at the néxt term of the court and prosecute his suit to judgment, and return the property, if a return be awarded, and also pay all costs and damages that may be awarded against him.
That the proper judgment in an action of replevin, as a general rule, when the plaintiff fails to maintain his…
2Cited by5 opinions
- Capital Lumbering Co. v. LearnedOregon Supreme Court · 1899
- New England Furniture & Carpet Co. v. BryantSupreme Court of Minnesota · 1896
- Lomme v. SweeneyMontana Supreme Court · 1872
- Donovan v. Aetna Indemnity Co. of HartfordCalifornia Court of Appeal · 1909
- Finch v. HollingerSupreme Court of Iowa · 1877