Fotinos v. Romack Co., Inc.

This case is before us on writ of error from an order and judgment of the court below sustaining a demurrer to the declaration as a whole and dismissing the cause.

The declaration sought the recovery of damages for the breach of a bond given by the Romack Company Inc., in a distress proceedings, wherein the Romaek Company had sued out a distress warrant against the plaintiffs in error, for $2000.00, and had given bond as required by the statute for $4000.00. The declaration contained four counts, and while it was somewhat inartificially drawn, and perhaps subject to motion for compulsory…