Sterling City G. & S. Mining Co. v. Hughes
Supreme Court of Colorado
Krror to District Court of Arapahoe County. Debt upon au attachment bond, and judgment on demurrer to the declaration, in favor of defendants.
1Opinion of the CourtElbert, J.
In the case of the Sterling City Mining Co. v. Cock, 2 Col. 24, it wa3 held that judgment must first be obtained against the plaintiff in the attachment suit before an action can be maintained upon a bond given pursuant to Revised Statutes, and conditioned to pay all such damages as shall be awarded against the plaintiff in attachment in any suit or suits which may thereafter be brought for wrongfully suing out the attachment. We see no reason to question the correctness of this decision. Holcomb v. Faxworth, 34 Miss. 265; Sledger v. Lee, 19 Ga. 411; Davis v. Gully, 2 Dev. & Bat. 360.
The…
2Cases cited2 opinions
- Sledge v. LeeSupreme Court of Georgia · 1856
- Holcomb v. FoxworthMississippi Supreme Court · 1857
3Cited by2 opinions
- Newman v. People ex rel. McHenryColorado Court of Appeals · 1893
- Newman v. People ex rel. McHenryColorado Court of Appeals · 1893