Hertz v. Kaufman

This action was by the appellant, upon a replevin bond executed to him by the appellee, as surety for the plaintiff in a replevin suit by one Louis Schwartz as plaintiff, and against Canute Matson and others as defendants.

Matson, as sheriff, had levied an execution upon goods bought by the firm of A. Diamond & Son from Schwartz, and Schwartz replevied them. The appellant was coroner and executed the replevin writ.

The replevin suit'was dismissed for want of prosecution, and in this suit for the value of the goods replevied, which had not been returned upon the retorno hdbendo, the defense was…