Holland Land Co. v. Maryland Casualty Co.

Speakman, J.,

delivering the opinion of the Court:

The declaration consists of one count in which the plaintiff has declared on the bond for the penalty. There is nothing in the count which shows any collateral conditions.

The copy of the obligation which was filed with but not as a part of the declaration was filed by the direction of the plaintiff’s attorney “under the statute.” No reference to any particular statute was made by him. By a statute of this State (Sec. 4649 of the Revised Code of 1935), it is provided that:

“In any action brought upon any deed, bond, bill, note, or other…