Treman v. Morris

It is urged by the appellant, that the action should have been based upon the bond first given to the coroner, and not upon the second one, as it does not appear that any showing was made, that the sureties on the original replevin bond had become insolvent after that bond was executed. We do not understand that section ten of the replevin act, requiring the plaintiff under a rule nisi, to file a new bond • where the sureties upon the original bond have become insolvent, is a limitation upon the power of the court to require the plaintiff to file a sufficient bond in any case where it becomes…