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ZEPEDA v. STATE SURETY CO.

No. 84-972.

368 N.W.2d 212 (1985)

Karen ZEPEDA, Plaintiff-Appellee, v. STATE SURETY COMPANY, Defendant-Appellant.

Court of Appeals of Iowa.

March 26, 1985.

Attorney(s) appearing for the Case

Benjamin B. Ullem and Kenneth W. Biermacher of Whitfield, Musgrave, Selvy, Kelly & Eddy, Des Moines, for defendant-appellant.

Arvid D. Oliver, Des Moines, for plaintiff-appellee.

Considered by DONIELSON, P.J., and SNELL and SCHLEGEL, JJ.

DONIELSON, Presiding Judge.

Defendant surety appeals from a summary judgment for the plaintiff in an action seeking recovery under a replevin bond. The surety asserts that Iowa Code chapter 643 does not permit recovery against the surety absent a finding that the replevin plaintiff's possession was wrongful. We affirm.

The basis for this appeal is a replevin action which arose out of a dispute concerning the purchase price of an automobile. In that action...

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