Marks v. Massachusetts Bonding & Insurance

Orally pleading, the defendant answered “General denial” to the plaintiff’s complaint, “Action on bond,” and after trial judgment was rendered by the trial justice, in favor of the defendant. Theretofore, as appears from the record in an action in the Supreme Court entitled W. R. Howard & Co. v. Daniel Marks (no written opinion), the plaintiff therein obtained an attachment, and the defendant herein became surety on a bond reciting:

“That if the defendant recover judgment in this action, or if the warrant of attachment is vacated, the plaintiff above named will pay all costs which may be…