Hayden & Smith v. Sample
Supreme Court of Missouri
APPEAL from Cooper Circuit Court. 1st. The demurrers should have been'sustained; because, the breaches were too general.— It does not appear from any of the breaches that an issue upon the affidavit had been made and tried; although, the damages, if any, would grow mainly out of the trial of that issue; and in fact, the attachment bond does not cover any damages that might arise out of any proceeding in the suit, such as the trial of the issue referred to.
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APPEAL from Cooper Circuit Court. 1st. The demurrers should have been'sustained; because, the breaches were too general.— It does not appear from any of the breaches that an issue upon the affidavit had been made and tried; although, the damages, if any, would grow mainly out of the trial of that issue; and in fact, the attachment bond does not cover any damages that might arise out of any proceeding in the suit, such as the trial of the issue referred to. The first breach alleges a judgment that might have been given after a plea to the merits, and surely, a defendant in an attachment would…
1Opinion of the CourtMcBride, J.
This was an action of debt instituted in the Cooper Circuit Court by the State, to the use of Sample against the defendants, Hayden & Smith, upon their bond, dated May 18,1842, payable to the State,for §3927 04. The bond was subject to a condition, which after reciting that Faueett, Peabody & Kelly, were about to institute a suit by attachment in the Howard Circuit Court against Sample, provided, that this bond should be void, if the plaintiffs prosecuted their suit with effect and without delay, and paid all damages that should accrue to the defendant or any garnishee, in consequence of the…
2Cases cited1 opinion
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