Altizer v. Buskirk

Brannon, Judge:

Clay & Headley brought an action of detinue in tbe Logan circuit court against Altizer, to recover saw logs, and, in order to obtain immediate possession of the property, executed a bond under section 1, chapter 102, Code, and afterwards suffered a nonsuit. Thereupon Altizer brought this action of debt against Buskirk upon the said bond, and recovered a verdict and judgment, and Buskirk bring-s the case here.

It is urged that a demurrer to the declaration was improperly overruled. The theory upon which this point of error is predicated is that the declaration does not allege…