Chapin v. Matson

The appellee, sheriff of Cook county, sued the appellants for the use of Franklin Emery, upon a replevin bond given by the appellants, in a replevin, suit commenced by individuals composing the firm of Paris, Allen & Co., against Emery. None of the firm of Paris, Allen. & Co. were parties to the bond.

The appellants pleaded that the merits were not tried, in the replevin suit, and that the goods and chattels there in question were the “ property of these defendants.” Whatever may have been the accident or mistake by which the appellants pleaded property in themselves, instead of in Paris,…