Majority
p. 547Kesler vs. Haynes & Dorrell.
Headnote
A sheriff may accept a replevin bond, with only one surety, at his peril.Kt is the duty of the clerk to enter the appearance of a defendant in replevin, on the writ being returned summoned.
The defendants moved to set aside a default for not pleadtng, and all subsequent proceedings, for irregularity, on the ground that the appearance of the defendants had not been entered, the action being replevin; and that the sheriff had made deliverance on the writ, when he had received a replevin bond with only one surety,
/. Williams, for defendants,
M. T. Reynolds, for plaintiff.
By the Court
It was the duty of the clerk to have entered the appearance of the defendants on the writ being returned. 2 R. S. 528, § 34. The defendants cannot avail themselves of his omission ; nor can they object that the sheriff accepted a bond with but one surety. The statute, 2 R. S. 523, § 7, requires a bond with sufficient sureties to be approved by the sheriff, to be executed before the service of a writ of replevin. If he omits to" take" sufficient surety, he is responsible, but the proceedings are not irregular.