Crandall v. Rickley

This is an action upon an attachment bond made under Gen. St., c. 66, § 131. That section requires the bond to be “conditioned that if the defendant recovers judgment, the plaintiff -will pay all costs that may be awarded to the defendant, and all damages which he may sustain by reason of the attachment, not exceeding the penalty of the bond.” This condition makes the liability of the plaintiff to pay the damages mentioned (as well as the costs) dependent upon the recovery of judgment by the defendant. Until such recovery, the liability to pay does not accrue. In the case at bar, the…