Whitley v. Jackson

Opinion by

Willson, J.

§ 574. Attachment bond; condition as to costs. The attachment bond in this case was quashed in the court below. It was conditioned that the “plaintiff will prosecute his suit with effect, and that he will pay such damages as shall be adj udged against him for wrongfully suing out said attachment.” Held, the bond is not conditioned as the law requires. The word “costs;” used in the statute, is omitted. [R. S. 156-158.] This is a substantial and fatal omission, and the bond was properly quashed.

§ 575. New attachment bond cannot be allowed. The plaintiff undertook to obviate…