Johnston v. Karjala

(concurring) — I concur in the result. I do not agree that appellant is entitled to recover damages from the sureties on the bond on account of detention of the tractor subsequent to the entry of the judgment in the replevin action. That judgment liquidated the liability on the bond. 34 Cyc. 1584; Wells on Replevin (2d ed.), § 540; Walls v. Johnson, 16 Ind. 374; 54 C. J. 648; 2 Sedgwick on Damages (9th ed.), § 689a. By that judgment, appellant was entitled to the property or its value. By accepting the property, he waived his right to its value as fixed by the judgment in the replevin action.…