Johnson v. Bouler

GARDNER, Justice.

Appellant recovered a judgment in a detinue suit against M. Bouler for one automobile, the alternate value of which was fixed at $300, with the balance due on the conditional sale contract (section 7400, Code 1923) as $370.87. The car had been delivered to defendant on his executing bond, as provided by section 7389, Code 1923.

At the expiration of thirty days from the date of the rendition of the judgment the automobile had not been delivered, and the sheriff duly endorsed upon the bond the 'failure of the defendant to deliver the automobile, or pay its alternate value and…