Hoeh v. Kirby

In June, 1929, one C. H. Withers brought action against this plaintiff, Arthur Hoeh, for the recovery of an oil-drilling rig and boiler, and secured possession thereof on filing an undertaking in claim and delivery in the sum of $3',000, with defendants, G. W. Kirby and Agnes K. Larson, as sureties. The undertaking is in the usual form for the return of the property, if adjudged, or for its value, if return cannot be had. The trial of the action terminated in judgment for Hoeh, in the alternative, the value of the property being therein fixed at $1,400, entered in March, 1930.

In June, 1931,…