Fidelity & Deposit Co. v. Kepley

The opinion of the court was delivered by

Smith, J. :

Max Ernst and Schwartz, Jerkowski & Oo. brought actions in attachment against one A. L. House, and levied on merchandise which House had theretofore mortgaged to Schloss Bros. & Co. Before seizing the goods, Kepley, the sheriff who held the writs, demanded indemnifying bonds from the plaintiffs in the attachments. They were given by plaintiff in error, and are the bonds sued on in this action. Thereafter, Schloss Bros. & Oo., mortgagees of the merchandise, brought an action for damages against Kepley and his bondsmen to recover the value of…