Barrett v. Marschak

<p>Abstract of the Decision.</p> <p>1. Replevin, § 195*—who may sue on bond on death of sheriff. The right of action upon a replevin bond given to the sheriff in an action is vested on the death of the sheriff in his administratrix and not in his successor.</p> <p>2. Judgment, § 680*—when plea defective as not showing former adjudication on merits. A plea in an action upon a replevin bond that does not show that a former adjudication upon such bond, in an action by the successor in office of the sheriff who had since died, was upon the merits is open to demurrer.</p> <p>3. Replevin, § 204*—when receipt admissible in connection with return. 'Where the return of the sheriff to a writ of replevin specifically refers to the receipt thereon indorsed for a description of the property returned, such receipt may be considered as part of the record in connection with the return, and is admissible in evidence in an action upon the bond for the purpose of showing that all of the property mentioned in the writ was not in fact delivered to the replevin plaintiff.</p>