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WESTERN SURETY COMPANY v. SMITH

No. 38064.

330 P.2d 377 (1958)

WESTERN SURETY COMPANY, a corporation, and G.D. Morgan, Plaintiffs in Error, v. Fred SMITH, Defendant in Error.

Supreme Court of Oklahoma.

September 30, 1958.

Attorney(s) appearing for the Case

Ungerman, Whitebook, Grabel & Ungerman, William Leiter, Tulsa, for plaintiffs in error.

Trower, Ferguson & Gaither, C.A. Back, Jr., Tulsa, for defendant in error.

PER CURIAM.

This action was brought upon a judgment rendered against the plaintiffs in error in a replevin action in which Morgan was plaintiff and Western Surety Company was his surety on a replevin bond. That judgment required Morgan to redeliver the personal property taken and to pay damages in the amount of $2,400 with interest and costs. The judgment in the instant action was for the $2,400, $122.50 for property not returned in compliance with the former judgment...

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