Andre v. Fitzhugh
Michigan Supreme Court
Case made from Bay Circuit. This was an action of debt brought by the plaintiff upon a certain bond executed by the defendants to the sheriff of said county, to prevent the removal of certain goods seized under attachment proceedings against William A. Cook, Charles M. Smith, and George H. Rozet. The declaration set forth the attachment proceedings, the execution of the bond, and the judgment.
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Case made from Bay Circuit. This was an action of debt brought by the plaintiff upon a certain bond executed by the defendants to the sheriff of said county, to prevent the removal of certain goods seized under attachment proceedings against William A. Cook, Charles M. Smith, and George H. Rozet. The declaration set forth the attachment proceedings, the execution of the bond, and the judgment. The defendants pleaded the general issue, and gave notice that they should insist that the discontinuances as to two of the defendants operated as a discharge of the sureties, and that the property so…
1Opinion of the Court
Graves J.
In 1865, the plaintiff commenced a suit by attachment in the Circuit Court for the county of Bay, against William A. Cook, Charles M. Smith and George H. Rozet; and the sheriff levied the writ upon a large amount of personal property in the hands of one Charles Orton. In order to prevent the removal o'f such property, Orton caused to be executed and delivered to the sheriff, a bond as prescribed by the statute, Gomp. Laws, §§4754, 4755, with the condition, that if the obligors should well and truly pay any judgment which might be recovered by the said Peter C. Andre, in the suit…
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