Rigg & Co. v. Parsons

Snykgb, Judge :

Action of debt on a penal bond commenced in November, 1874, by Henry Bigg & Go. against H. 0. Parsons in the 'Circuit Court of Cabell county. Henry Bigg having died the action was abated as to him and thereafter prosecuted in the name of .Stephen Bigg as surviving partner. The case was removed to the Circuit Court of Kanawha county; and the defendant having craved oyer of the bond sued on demurred to the plaintiff’s declaration.; that the court on April 4,1883, sustained the demurrer, “ and the plaintiff not desiring to amend his said declaration, ” judgment was entered for the…