Neefus v. Neefus

Peterson, Justice.

This is an action for breach of a defendant’s redelivery bond in a replevin action. The sureties appeal from an order striking their answers as sham and frivolous.

In the replevin action plaintiff sued the defendant Ralph L. Neefus to recover possession of certain personal property. The latter was permitted to retain the physical custody of the property under a receipt which he gave the sheriff. Then he gave a redelivery bond with the defendants Hartwig and McCormick as sureties. The bond is in the penal sum of $1,500 and is conditioned for the delivery of the replevied…