Willett v. Davis Alberts Co.

This report comes up on the refusal to give rulings in connection with the plaintiff’s motion for a special judgment against the surety on a bond. The pertinent facts are that an attachment by trustee process was made on July 30, 1936. It was “released” on August 5, 1936 (which we take to mean a discharge by the plaintiff) upon the delivery to the plaintiff by the defendant on that *651day of a bond conditioned to pay the amount of the judgment or to pay any special judgment entered in accordance with G. L. Ch. 235, §25. On March 29, 1937, the plaintiff approved the sureties on the bond in…