Ihrig v. Bussell

Citations

• 68 Wash. 70
• 122 P. 608
• 1912 Wash. LEXIS 1251

Syllabus

<p>Replevin — Bond—Conditions—Construction —■ Liability on Dismissal of Action. Under a replevin bond conditioned, pursuant to statute, for the prosecution of the action, the return of the property to the defendant if return thereof be adjudged, and for the payment of such sum as may be recovered against the plaintiff, there can be no liability on the bond in excess of the costs adjudged, where the replevin suit was prosecuted to judgment on the merits, and the action was dismissed with costs, without adjudging a return of the property or entering judgment for its value.</p> <p>Replevin — Judoment of Dismissal- — Conclusiveness — Liability foe Conversion. Where defendant in replevin was entitled, upon dismissal of the action on the merits, to a judgment decreeing a return of the property, or for its value, but acquiesced in a judgment of dismissal without appealing therefrom, she cannot, in an action on the replevin bond, recover judgment as for a conversion of the property.</p>