Fitzgibbon v. Calvert

This is a suit upon an undertaking executed by defendants as a substitute for property ordered to be levied upon by the Sheriff by virtue of a writ of attachment in his hands, in a certain suit previously commenced in the Fifteenth District Court, by this plaintiff, against one Caleb Hyatt.

Ho material allegation of plaintiff’s complaint is denied by defendants, and the substantive matter as pleaded in the answer, even if proved as alleged, is no defense. The execution of the undertaking by defendants, and the consideration therefor—the subsequent judgment against the defendant, in the case in…