Long v. . Meares

Did the second bond for $225 supersede the original bond of $300, or are said bonds cumulative?

The defendant contends that, when the new bond for $225 was executed by a different surety, he was thereby relieved of liability on the original $300 replevin bond. The judgment requiring- the giving of the new bond of $225 made no reference to the original replevin bond of $300 which the defendant, O. Meares, signed as surety. The determinative principle of law is thus stated in the headnote of Nimocks v. Pope, 117 N. C., 315, 23 S. E., 269: “A surety on a replevin bond, given for the return of…