Koerkle v. Pangburn

Where the defendant in a replevin suit duly excepts to the sufficiency of plaintiffs’ sureties, the sureties must justify upon the return of the summons. Laws of 1882, chap. 410, § 1336. The mere presence of the sureties in court on the return day is not a compliance with the requirements of the statute. It is the plaintiff’s duty to procure the justification, and if he neglects to do so, the defendant, unless he consents to an adjournment of the justification, which was not done in this case, is entitled to the immediate return of the property taken by the marshal, and, in default of such…