Love v. Kidwell

This was an action of debt upon a penal bond. The declaration sets out the condition of the bond, which, after reciting that Kidwell, one of the defendants, had issued a writ of foreign attachment against the plaintiff, stipulates,— that if Kidwell should “ duly prosecute his said writ of foreign attachment against the said Love to final judgment, and pay all damages that might be sustained by him, provided the proceedings should be wrongful and oppressive, then the bond to be void,” &c. The breach assigned is, “Yet the said defendants, although the said Kidwell did then and there sue out…