Clark v. Wilmington Trust Co. ( 1919 )

Boyce, J:

Your suggestion is a very proper one. Ordinarily in an action upon a replevin bond no question can be tried which could and ought to have been tried and determined in the replevin suit. Harmon v. Collins, 2 Pennewill 36, 45 Atl. 541. Let a jury be drawn.

Testimony for the defendants was submitted to the jury and they fomid for the defendants for one hundred and thirty-eight dollars and two cents.