Matson v. Ripley

Mr. Presiding Justice Shepard

delivered the opinion of the Court.

This was an action of debt instituted by the appellant upon a replevin bond given to the appellant, as sheriff, etc., by the appellees, and a recovery of only nominal damages being had, this appeal has followed.

One of the appellees, Durgin, ivas surety on the bond, and we will therefore speak only of Eipley & Son as being the appellees.

Eipley & Son were lumber dealers in Chicago, and bought of Hibbard & Company, lumber manufacturers at Mason-ville, Michigan, a large quantity of pine and cedar logs, etc., for which bills of sale…