Brandenburg v. Flynn's Administrator

Judge Maksiiall

delivered tile opinion of the Court.

An execution in favor of David Brandenburg against 0. Tracy having been replevied by Tracy, with Hulse and Joseph Brandenburg as his sureties, was afterwards enjoined by Tracy on a bill in equity, in which he made his two replevin sureties defendants. M. Flynn was the surety in the injunction bond. The injunction was dissolved with damages, and Tracy in the meantime having become insolvent and conveyed his property to be applied to payment of his debts, M. Flynn or his administrator was compelled to pay the judgment on the injunction bond,…