Cain v. Mather

This was a writ of error from the Circuit Court of Madison County. There' was a demurrer to the declaration by the defendant, which was sustained in the Court below, upon which judgment was rendered for the defendant.

The ground of the decision of the Circuit Court appears to be, that as the defendant is stated in the declaration to have been attached h} his goods and chattels, and, as the declaration'states the plaintiff’s cause of action to be to recover damages for the false warranty of a quantity of jewelry, and thereby sounds in damages only, that the attachment does not lie.

We do not…