Unger v. Hoak

Reese, P. J.,

— Charles A. Hoak brought an action in replevin against Unger’s executors to recover a diamond ring to which Hoak claimed title. Upon his filing a bond the sheriff turned the ring over to Hoak. At the trial of the replevin action the jury found in Hoak’s favor but the action was later dismissed on the ground that the court of common pleas had no jurisdiction. The executors then sued Hoak and his surety in the present action on the re-plevin bond to recover the value of the ring, still in Hoak’s possession, and the costs of the action in re-plevin.

In their affidavits of defense…