Dalby v. Campbell

This was a suit on replevin bond, brought by appellant for the use of the defendant in the replevin suit against appellees, the obligors in the bond. A demurrer to the amended declaration, general and special, was sustained as to some of the special causes assigned, and overruled as to all the others. Thereupon plaintiff refused to prosecute for the recovery of those damages only, for which, by such ruling of the court, he was permitted to maintain his suit, and elected to stand by bis amended declaration. The court then dismissed the cause for failure to prosecute and entered judgment…