Commonwealth ex rel. Brown v. Fry
West Virginia Supreme Court
This case came from Kanawha county. The ease was determined here upon a demurrer to the declaration, and the questions arising therein appear in the opinion of Judge Maxwell. There was a demurrer to the declaration and each assignment of breaches, which was overruled. The assignments of breaches are bad. 1st. They do not allege that Brown executed a bond for tbe attachment, with approved security.
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This case came from Kanawha county. The ease was determined here upon a demurrer to the declaration, and the questions arising therein appear in the opinion of Judge Maxwell. There was a demurrer to the declaration and each assignment of breaches, which was overruled. The assignments of breaches are bad. 1st. They do not allege that Brown executed a bond for tbe attachment, with approved security. It might have been good and sufficient security in the estimation of the plaintiff, but the law required that it should be security, approved by the clerk or justice issuing the summons. The…
1Opinion of the CourtMaxwell, J.
This was an action in the name of the Commmwealth of Virginia, for the use Brown, against Fry, sheriff of Kanawha county, and his securities, to recover damages for the failure of the said Fry and his deputy, Slack, to execute an attachment, sued out in a pending suit, in favor of the said Brown,-against John and G-. W. Montgomery.
There was a demurrer to the declaration and to each assignment of breaches, which was overruled, and the first cause of error assigned here is, that the demurrer ought to have beefi sustained.
The bond sued upon is described in the declaration, from *727which it appears…
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