Tedrick v. Wells

This was a suit on a replevin bond, brought by the sheriff against the principals and sureties, who executed the same. A demurrer was sustained to the second count of the declarartion, and demurrers were overruled to defendants’ fourth and fifth pleas. Plaintiff below elected to abide by said second count, and by his demurrers to said pleas and the court thereupon entered judgment for defendants for costs. To reverse this judgment, plaintiff sued out this writ of error. The errors assigned are the rulings of the court in sustaining the demurrer to the second count of the declaration,…