Citizens' State Bank v. Morse

The opinion of the court was delivered by

Smith, J. :

The Citizens’ State Bank commenced an action of replevin against J. C. O. Morse, sheriff of Sumner county, for the recovery of ‘the possession of certain personal property levied on by him as such sheriff, and prayed in its petition for a return of the property or judgment for its value, $3423.41, in case a return thereof could not be had. The replevin un*527dertaking given by the bank contained these conditions :

“Now we, the undersigned, residents of said county and state, bind ourselves to said defendant in the sum of §6850 that the plaintiff…