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John H. Clark v. Wilmington Trust Company, Lucius C. Jones, County Constable, and The Diamond State Warehouse Company
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.