Sears v. Nagler

This was debt brought by appellee, Nagler, against appellant, Sears, upon a bond given by the latter in suing out an attachment against the former in justice’s court, which suit was taken by appeal to the circuit, and there dismissed for want of prosecution. The declaration avers the making, and sets out the bond, the issuance of the writ, the taking Nagler’s goods thereunder, the proceedings, ending in the dismissal of the suit for want of prosecution, the wrongful suing out of said attachment and damages. Sears filed two pleas: (1) non est faetwn ; (2) the plea of non dainnificatus. Also…