Eastern Tire Co. v. Witter

The single question presented upon this appeal is whether a surety upon a bond given to dissolve an attachment is released from liability because, subsequent to the execution of the bond and without notice to him, the writ in the action in which the bond was given was amended by increasing the ad damnum to a sum greater than the penalty of the bond. No contention is made that the court was without jurisdiction, or that as between the parties to the writ the amendment was improper.

The penalty of the bond is $300. The ad damnum originally inserted in the writ was $300. It was increased, on…