McHaney v. Brown

Hart, C. J.,

(after stating the facts). It is earnestly insisted that the redelivery bond was not in the form prescribed by the statute and that therefore no summary judgment could be rendered against the sureties on it. Reliance is placed upon the case of Martin v. Tennison, 56 Ark. 291, 19 S. W. 922. In that case, the defendant in an attachment suit executed a bond with- T. J. Martin as surety, conditioned that the surety would satisfy the judgment of the circuit court to thé extent of the value of the cotton involved in the case.

The court held that it was not conditioned to perform the…