Holcomb v. Foxworth
Mississippi Supreme Court
In error from tbe Circuit Court of Marion county. Hon. W. L. Harris, judge. This is an action by tbe obligee against tbe principal and sureties in an attachment bond, taken in 1842, under tbe provisions of tbe Act of 1822. Hutcb.
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In error from tbe Circuit Court of Marion county. Hon. W. L. Harris, judge. This is an action by tbe obligee against tbe principal and sureties in an attachment bond, taken in 1842, under tbe provisions of tbe Act of 1822. Hutcb. Dig. 804. Tbe bond is conditioned “ that tbe plaintiffs in attachment shall prosecute their suit with effect; or, in case they fail therein, shall well and truly pay and satisfy to the defendant in attachment, all such costs and damages as shall be awarded against them in any suit or suits which may be hereafter brought, for wrongfully suing out the attachment.” The…
1Opinion of the CourtFisher, J.
This was an action of debt, brought in the Circuit Court of Marion county, upon two attachment bonds executed by Allen Barnes as principal, and others as his securities. The defendants below demurred to the declaration,’ on the ground that it was not averred that a judgment had been recovered by the plaintiff against the principal for damages occasioned by wrongfully suing out the attachments, or that he had failed to pay such damages. The court below sustained the demurrer, and from this judgment this writ of error has been prosecuted.
It will be seen, from this statement of the case, that…
2Cited by1 opinion
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