General Motors Acceptance Corporation v. Mogge

The opinion of the court was delievered by

Price, J.:

This is an action against the sureties on a redelivery bond given in a former action in replevin.

Defendants appeal from an order sustaining a demurrer to portions of their answer.

On June 12, 1954, the plaintiff in the instant action filed an action in the district court of Sherman County at case No. 7123, against one Albert Peter, to replevy a 1953 Chevrolet truck. The petition alleged a demand for possession and refusal, and sought judgment against defendant Peter for possession, or, in lieu thereof, a money judgment in the amount of…