Taylor v. Elliott

The sufficiency of the complaint in this case, to which a demurrer was sustained, is the only question for decision. The facts averred in the complaint are the following :

On the 13th day of .January, 1866, Stout and another sued Hezekiah, in the Marion Common Pleas, and at the same time sued out an attachment in their action. On the 22d day of January, in the same year, the sheriff' seized the personal property of the defendant therein. On the 25th day of the same month, Hezekiah, with Elliott as his surety, executed an undertaking, payable to Stout and another, with condition as follows:

“Now…