Woods v. Kessler

Franklin, C.

— One David Williams sued appellee Kessler, in an action of replevin, for two mules, a set of double harness and a wagon. He filed an undertaking to prosecute the suit to effect and for the return of the property, if awarded, and the payment of any judgment that might be recovered against him in the suit. Appellants and Zimmerman signed the undertaking with Williams.

Appellee filed a general denial, and prayed for a return of the property and damages for its detention. Upon the trial Williams failed to appear; his attorney withdrew his appearance for him; he was defaulted and his…