Fusz & Backer v. Tracer & Noble

The opinion of the Court was delivered by

Bermudez, C. J.

The question presented in this case, involves the right of a surety on a release bond in attachment proceeding against residents to set up certain defenses.

It appears that after judgment recognizing the claim .of plaintiff's and its being secured by a privilege on the property attached, the judgment becoming executory, execution was issued, but was returned nulla bona.

Thereupon a rule was taken on the surety on the release bond furnished by the defendants, who pleaded: that the affidavit was insufficient and false; that the bond was…