Zimmer v. Lyon

In an action of debt on a $300 replevin bond, judgment was entered for $100 as damages against Lyon & Healy, a corporation, as principal, and Thomas Cratty as surety, plaintiffs in error, in a jury trial. The affidavit of defense is, in substance, that in the replevin suit no evidence was heard upon the merits; that that suit was dismissed for want of prosecution and that judgment was entered therein for defendant in error awarding the writ of rotorno habendo without costs; that a valid writ of rotorno habendo was never issued therein and that defendant in error had no valid claim or lien on…