Dorr v. Clark

Campbell J.:

Clark having sued out an attachment against Philo Durfee and Samuel T. Atwater, as absent defendants, the sheriff of Saginaw levied upon a vessel called the Armada, and Dorr and the other plaintiffs in error, gave bond under the statute, in the usual form, to release it from the levy by undertaking to produce the property to satisfy any execution that should be issued on any judgment in the attachment suit. Durfee and Atwater appeared, and pleaded, and judgment went against them. The sheriff assigned the bond to Clark, the property not being forthcoming, and the latter brought…