Goldberg v. Rempp

CRAIL, J., pro tem.

This is an action upon a joint and several bond given to release certain property from an attachment. The conditions of the undertaking were such that in order to maintain the action against appellant it was necessary for the plaintiff to demand of the principal in the bond the redelivery of the attached property and to demand of the sureties the payment of the amount of the judgment in the original action. It was necessary also to allege such demands.

In lieu of an allegation of the demand for the redelivery of the property the plaintiff alleged: “That on the 5th day of…