Philman v. Marshall

1. It appears from the record that Marshall sued out a distress warrant against Wacter. Wacter gave a bond, with Philman and others as sureties. The case was returned to the superior court by the sheriff. Upon the trial in that court Marshall prevailed, and a judgment was entered up against Wacter and his sureties as upon a replevy bond, in the manner provided by law in cases where replevy bonds are given. Execution was issued upon this’judgment and levied upon the property of Philman, one of the sureties. He filed an affidavit of illegality upon the ground, that he had never signed nor…