Thurman v. Smith

Thurman sued out bail-trover against Smith, to recover a diamond ring to which he held title under a bill of sale to secure the payment of $210. Smith was .taken into custody by the sheriff upon his failure to surrender the property sued for or to give bond for the eventual condemnation-money, and thereupon *524filed his application for discharge under the provisions of section 5154 of the Civil Code; and at the hearing the evidence disclosed that the defendant did not have the ring in his possession, custody, or control at the time the trover proceeding was filed and the. bail affidavit made,…