Klaproth ex rel. Weyman v. Greenberg

This is an action on a replevin bond given by defendant, Greenberg, a constable, for failing to restore a certain baby grand piano, taken under a writ of replevin, in which the bond sued upon was given. Greenberg refused, upon demand made therefor under a writ of retorno habendo, to deliver the piano to plaintiffs. A trial resulted in a judgment in debt $400, the penalty of the bond, with damages assessed at $350.

It is first insisted that the court was without jurisdiction to enter the judgment or proceed to a trial of the cause, because there was no proof in the record that any of the…