¶1(nem. con.) adjudged the plea to be bad, and rendered judgment upon the demurrer, for the plaintiff, for the penalty of the bond and damages, to be released on the payment of the damages found for the defendant in replevin in that action and the costs of the replevin, and the costs of the present action upon the bond.
2 D.C. 529
Moore v. Shields
Decided December 15, 1824
Debt on a replevin-bond. The breach alleged, Was' the nonpayment of the damages and costs found by the verdict of the jury in the trial of the action of replevin, for' the defendant in replevin against the plaintiff in replevin. The defendant, who was a suréty in the replevin-bond, pleaded in substance, that the plaintiff in replevin was always, after: the judgment of the Court in that action, ready to return the replevied property, and still is ready to return it.
Decided 1824-12-15