Vinyard v. Barnes

The question is presented by the rulings below, whether, ■under a replevin bond, conditioned that “the plaintiffs shall prosecute their suit to effect, and without delay, and make return of the said property, if return thereof shall be awarded, ” "there can be a recovery of the value of the property replevied, without proof of a judgment awarding its return. The principle, that the undertaking of a surety is construed strictly, :and can not be varied or enlarged by judicial construction, (Mix v. Singleton, 86 Ill. 194,) would seem to require that a negative answer be given, unless the duty to…