Fickett v. Durham

The only question presented in this case is whether the plaintiff is entitled to a special judgment“ to enable him to proceed against the sureties upon the bond given to dissolve the attachment,” under the St. of 1875, c. 68.

There is no controversy as to the facts. The plaintiff’s writ is dated October 1, 1872. An attachment of the defendant’s property was made thereon, which was dissolved by a bond given on November 21, 1872. On February 6, 1875, the defendant was adjudged a bankrupt and has since obtained his discharge.

The attachment, having been made more than four months before the filing…