Arnold v. Given

BerKshire, P.

This was an action of debt in the circuit court of Kanawha county, on a forthcoming bond, by Arnold and Rand against the appellee, Given, and his sureties in said bond.

The record exhibits irregularities and novelty of proceeding. The declaration declares for the penalty of the bond, without setting out the condition. The defendants filed three special pleas, which, on the motion of the plaintiffs, were rejected. But at a subsequent term of the court, leave was granted the defendants to file the same pleas; to which pleas the plaintiffs then demurred, and the demurrer was…