Barth v. Union National Bank

Mb. Justice Gaby,

on petition for rehearing.

This petition seems to be prompted by a feeling that the opinion filed “ reflects unwarrantably upon the appellant.”

Then it is said that “ the contention of the appellant now is, and his position when making the affidavit, was, that the mere certificate was of purely nominal value.”

If the certificate had not been taken on the writ, the appellant might have proceeded in trover, or being taken, if the replevin suit had been prosecuted unsuccessfully, and the certificate not returned, the appellee might have maintained trover. Sec. 18, Ch. 119,…