Armitage v. . Pulver

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The grounds upon which the appellants seek to reverse the judgment in this action, are:

1. That it is "an action at law," and cannot be maintained, because,

First, the plaintiff has not yet paid the sum assumed by him, and there are still outstanding claims against the sheriff which Gary's sureties may hereafter be required to pay.

Second, the plaintiff and the defendants were bound by different bonds, and in distinct and several penalties.

Third, the plaintiff…