Michael v. Thomas

This was an action upon an undertaking executed by the appellees in an. attachment proceeding. The condition was that the plaintiff in that proceeding should prosecute his suit, and pay all damages which might be sustained by the defendant in the suit, if the proceedings should prove wrongful and oppressive. The complaint charged that the judgment in attachment had, on appeal to this court, been reversed and the proceeding declared wrongful, and the cause remanded, with directions to the court below to dismiss the’ action, and alleging damages. A demurrer was sustained by the court below to…