Miller v. Kingsbury

The appellee brought an action of debt upon a penal bond against the appellants.

A demurrer to the declaration was overruled and the defendants abiding by their demurrer, the damages were assessed at §1,818.47. Judgment was rendered accordingly from which an appeal is prosecuted to this court.

There are nine different assignments of error, which, in substance, raise the points that the declaration was not sufficient; that the court erred in assessing the damages at the amount stated, in overruling the motion in arrest and in rendering final judgment.

The bond was given by appellants pursuant to…