Martin v. Hertz

I cannot concur in the decision of the court for the following reasons:

1. The payment of the alternative judgment is not within the condition of the bond, as was the case in Sweeney v. Lomme, 22 Wall., mainly relied on by appellant. The condition of the bond is to “ pay all costs and damages occasioned by wrongfully suing out said writ,” etc.

“A synonym of damage, when applied to a person sustaining an injury, is loss. Loss is the generic term. Damages is a species of loss. Loss signifies the act of losing, or the thing lost. Damage, in French dommaye: in Latin damnum from demo, to take away,…