Burke Motor Co. v. Lillie

This is an action against the sureties on a redelivery bond filed in a prior action to release personal property from attachment.

The question determinative of this appeal is whether Rem. Rev. Stat., § 672 [P.P.C. § 11-51], which reads as follows:

“Such bond [redelivery bond to release property from attachment] shall be part of the record, and if judgment go against the defendant, the same shall be entered against him and sureties,” (Insertion ours.)

provides for an exclusive remedy against the sureties. If it does, this judgment must be reversed.

Defendants’ (appellants’) thirteen assignments of…