Burgett v. Gilbert (107 Ill. App. 351, 1903)

Mr. Presiding Justice Waterman

delivered the opinion of the court.

This is an appeal from a judgment rendered in an action of debt brought upon a replevin bond running to James H. Gilbert, as sheriff, and signed by appellants.

In the action of replevin, under the writ therein issued, there was taken by Gilbert, as sheriff, from the possession of John A. Bogers, five barrels of whisky owned bv him.

November 27, 1894, on motion of an attorney for the defendants therein, the replevin suit was dismissed for want of prosecution at plaintiff’s costs, and it was ordered that a writ of retorno habendo issue for the return of the property replevied. None of the property having been returned, December 20, 1898, suit was brought by James H. Gilbert, sheriff, for use of John A. Bogers, against the principal and sureties