Ellington v. Conrad & Lee

Conrad & Lee instituted bail-trover proceedings against J. F. Ellington. The defendant replevied the property and gave J. Z. Ellington as security. A demurrer to the affidavit of illegality was sustained, and a judgment rendered against the principal and surety; to which judgment the surety excepted. In the brief of counsel for plaintiff in error it is said: “It is conceded that the bond given was on its face a bond for the eventual condemnation money. It is also conceded that 'in such a case neither the defendant in trover nor the surety on the bond can go behind the judgment. The one single…