Fisher v. Stanisic

Citations

• 33 Ohio C.C. Dec. 144
• 18 Ohio C.C. (n.s.) 440
• 1911 Ohio Misc. LEXIS 266

Syllabus

<p>PLEADING — PRINCIPAL *AND SURETY — REPLEVIN</p> <p>1. Replevin Bond Liability Extends to Final Determination of Case In Court of Review.</p> <p>A surety on a redelivery bond in replevin is bound until “the final determination of the action,” and this means until the action and all reviews of it authorized by law, have been finally determined.</p> <p>2. Pleading Wrong Interpretation as to Liability on Replevin Bond as Estoppel Denied.</p> <p>A wrong interpretation of the legal liability of a surety on a bond given by a justice of the peace to the surety, before he signs the bond, in the presence of the person for whose benefit the bond is given, and to which interpretation said person assents, can not be pleaded in an action on the bond as an estoppel or bar to said action.</p>