Prather v. Johnson

*150The opinion of the court was delivered by

Wedell, J.:

This was an action against a surety on a replevin bond. From an adverse judgment the surety appeals.

Before treating appellant’s, Carl Johnson’s, contentions in the instant action on the replevin bond we shall briefly sketch the narrative of evidence in the replevin action as that forms the basis of appellant’s contentions.

In the replevin action Lester W. Haden was the plaintiff and Wendell R. Prather was the defendant. The replevin action was instituted October 14, 1947, at which time a replevin bond was filed on which Carl Johnson was the…