Rushbrook v. Jerge

In an action of replevin, brought in a justice’s court in this copnty against this plaintiff by one Weisberg, the ’ defendants herein were the sureties on said plaintiff’s undertaking. This plaintiff, the defendant in said replevin action, did not reclaim the chattels replevied under section 2925 of the Code of Civil Procedure. On the return day in said action "the plaintiff did not appear and the justice entered a non-suit with costs.

The action at bar is one against the sureties upon plaintiff’s undertaking in said replevin action and the defendants come into court and move to dismiss the…