Didier v. Galloway
Supreme Court of Arkansas
Error to Pulaski Circuit Court. Debt, by writ of attachment. Galloway, the defendant, moved to dissolve the attachment, and that the property be restored, because ho sufficient bond was filed before issuing the writ. The Court sustained the motion, and gave judgment that the attachment be dissolved, and the property restored, and that the defendant recover the costs.
1Opinion of the CourtDickinson, J.
This is an action of assumpsit, instituted by Didier and others against Galloway and others, by attachment. The fifth section of thé act regulating this mode of proceeding, (Rev. Stat. Ark., 116), requires that the plaintiff shall, at the time of filing his declaration, also file with the Clerk a bond to the defendant, with sufficient security, to be approved of by such Clerk, in double the amount of the debt sworn to, “ conditioned that he will prove his debt or demand on a trial at law, or that he will pay such damages as shall be adjudged against him.”
Under the old law, the writ issued as…
2Cited by4 opinions
- Delano v. KennedySupreme Court of Arkansas · 1844
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