Draper Canning Co. v. Dempsey

Grounds 2 and 4 of the demurrer are insisted upon, and contend tliat the plaintiff cannot recover more than $10,000 in damages, and that the amount claimed as damages ($50,000) is in excess of the amount claimed in the affidavit forming the basis for the issuance of the attachment.

The affidavit in attachment was amended by striking the original sum named as damages, which was $10,000, and substituting $50,000, the amount sued for in the declaration. The original bond was in the sum of $20,000, the maximum bond required under Code § 8-111, and accordingly was not amended. Amendments to…