Moore v. Withenburg

This is a suit upon an attachment bond, against the principal and surety. The condition of the bond is that the obligors shall pay the obligees all such damages as they or either of them may recover, in case it should be decided that the writ of attachment was wrongfully obtained.

The judgment in the attachment suit having been in favor of the defendants in that suit (plaintiffs in this), was equivalent to a decision that the attachment had been wrongfully obtained.

The plaintiffs appeal from a judgment which has assessed their damages at seveniv-five dollars. The rule which governs in this…