Wood v. Mann
Massachusetts Supreme Judicial Court
Contract upon a bond to dissolve an attachment, signed by the first named defendant as principal and the others as sureties. The principal was defaulted, and the sureties alone defended. The case was submitted to the Superior Court upon an agreed statement of facts, by which, if the plaintiff was entitled to recover, judgment was to be entered for her for the amount recovered in the original action; otherwise, judgment for the defendants.
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Contract upon a bond to dissolve an attachment, signed by the first named defendant as principal and the others as sureties. The principal was defaulted, and the sureties alone defended. The case was submitted to the Superior Court upon an agreed statement of facts, by which, if the plaintiff was entitled to recover, judgment was to be entered for her for the amount recovered in the original action; otherwise, judgment for the defendants. The Superior Court ordered judgment for the plaintiff in the sum of $93.23; and the defendants appealed to this court. The facts appear in the opinion.
1Opinion of the CourtAmes, J.
It appears from the agreement upon which this case- is submitted, that the plaintiff sued out a writ against the defendant Mann, upon which his property was attached, and (hat the other defendants joined with Mann in giving a bond in the common form to procure a dissolution of the attachment. After a trial by jury and a verdict against Mann for the sum of $89.83, but before judgment upon that verdict, a suit was brought against this plaintiff by one of her creditors, in which Mann was summoned as her trustee. In this latter suit the present plaintiff *320was defaulted, judgment rendered against…
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