Coe v. Straus

*73 By the Court,

Cole, J.

We think the complaint in this case unquestionably sets forth a good cause of action. It is objected that the complaint is defective because it does not contain an averment that a warrant of attachment was issued in the suit mentioned in the complaint, as having theretofore been instituted against Rcedel and Morgan; or aver that proceedings were had to obtain one; The suit is upon an undertaking given by Rinde!, Coe and Decoudres. And as matter of inducement the complaint states, “ that on or about the thirtieth day of December, 1857, an action was commenced in the…