Russ v. Concord Casualty & Surety Co.

Motion to dismiss the complaint upon the grounds (1) that it fails to allege, as provided in section 871 of the Civil Practice Act, that an execution against the property of Morris Russ has been issued to the sheriff of the county in which he was arrested, and (2) that the execution against the person of the said Russ was returned by the sheriff of the county in which he was arrested in less than fifteen days after its receipt.

This action is upon a bond issued by the defendant to release the said Russ, who was the defendant in an action in the Supreme Court wherein Rose Russ was the plaintiff…