Day v. Bauer

Opinion op the Court by

Judge Sampson

Affirming.

On petition a temporary restraining order was issued by the clerk of the Bracken circuit court against Evrett Moore, sheriff of that county, restraining him from proceeding against appellants, Day and Doyle, principal and surety respectively in a replevin bond for $100.00, executed by them in the case of Commonwealth v. Hugh Day, tried in the court of Ered W. Bauer, justice of the peace, in Mason county in August, 1924. On hearing the circuit court set aside the restraining order and adjudged “the defendant will recover of the plaintiff his cost…