Coburn

The plaintiff, Coburn, brought this action in replevin against Smart, the defendant, for the recovery of a large quantity of lumber, and at the time of the issuance of the summons he delivered to the Sheriff an affidavit, notice, and undertaking, as provided by secs. 510, 511, and 512 of the Code of Civil Procedure, in proceedings by a plaintiff for claim and delivery of personal property. Thereupon, the Sheriff took the lumber from the possession of Smart, and the latter, for the purpose of procuring its return to him pending the action, delivered to the Sheriff a written undertaking, executed by the intervenors Hcarst and Pearson, as sureties thereon, to the effect that they were bound in double the value of the property in controversy for the delivery of the lumber by the defendant to the plaintiff, if such delivery should be subsequently adjudged, and for the payment to the plaintiff of such sum as might, for any cause, be recovered against the defendant Smart, as provided by sec. 514 of the same Code. The defendant filed an answer denying the allegations of the complaint, and the cause was set down for trial on the 5th day of June, 1877, on which day, and before the calling…