Stewart v. Hasty

Code § 107-209, provides: “When the plaintiff in a trover suit has replevied the property and, on the trial of the case, fails to recover or dismisses his petition, the defendant, instead of suing on the replevy bond, may recover the property and its hire, or the sworn value placed upon the property in the petition.”

This provision of our Code was codified from the case of Marshall v. Livingston, 77 Ga. 21 (1), wherein the rule is thus stated: “Where an action of trover was brought and bail process was sued out, and upon the failure of the defendant to give the bond required, the plaintiff…