Appeal, No. 159 | Pa. | Apr 10, 1893
The defendant was a surety on a replevin bond. The defence set up in his affidavit rested on matters that were controverted in the action of replevin and settled by the verdict in that case. The learned judge was right in holding that they could not be now retried, and that the affidavit was insufficient.
The judgment is affirmed.