74 Tenn. 128 | Tenn. | 1880
delivered the opinion of the court.
The bill was filed on the 5th of September, 1877, as a bill of review. The decree .sought to be revived was rendered at the May term, 1877, in the case of W. T. Kent against G. A. Fish and others, upon a bill filed on the 24th of August, 1870, seeking a money recovery, and attaching property for its security. A portion of the personal property attached was replevied, the present complainant, H. B. Ward, becoming a surety on the replevy bonds. On final hearing, the court rendered a decree in favor of Kent against Fish for $1,217.40/ and against the obligors in the replevy bonds for .$625, being the value of the property replevied with interest from the date of the replevy, and less than the penalty of the bonds.
The bill is not based upon any newly discovered evidence, but seeks to reverse the decree for errors of law. The errors relied on are, that the replevy bonds were not statutory bonds; that the decree charged the obligors with interest, when the bonds contained no stipulation to pay interest; and that the decree was for the full value of- the property, when some of the live chattels replevigd had died pending the litigation, without any fault on the part of the obligors.
Errors apparent for which a bill of review will lie, are not errors in the regularity of the proceedings, nor erroneous -deductions from the evidence, but errors of law patent on the face of the pleadings and decree: Eaton v. Dickinson, 3 Sneed, 401; Livingston
This bill does not make a copy of the decree sought to be reviewed an exhibit, nor undertake to recite its language. It is impossible to say that the court has erred in its application of the law to the facts shown by the decree, unless we know what those facts are. So far as we can see from this bill, the decree merely recites, as to each of the replevy bonds, that H. B. Ward is liable to W. T. Kent for so many dollars under a replevy bond executed by the principal, meaning him, and H. B. Ward as surety, for certain chattels specified, which in all were valued at a given sum. Upon such a recital, there is clearly no error in the decree. The details given are such as are essential to a proper statutory bond. We can-riot look outside of the decree to see whether the bonds, upon which these recitals _ are alleged to have been made, were in .fact statutory bonds. The bill itself .shows that the bonds on which' the complainant was held liable were executed for the purpose of re-plevying property attached in the original cause. The bonds are made exhibits to the bill. Each of them is in the penalty of double the value of the property replevied, and is conditioned for the forthcoming of the property to answer the final decree.. One of these
The bonds being conditioned for the delivery of the property, and the penalty being in double the value of the property, must be regarded as falling under the second class of bonds mentioned in sec.
Affirm the decree, with costs.