Clauss v. Ainey

Opinion by

Mr. Justice Simpson,

The Finance Trust, the use-plaintiff herein, issued two writs of foreign attachment against the Star Stores, Inc., a corporation of the State of New York, which thereupon gave the sheriff a recognizance to dissolve the attachments. Judgments for plaintiff, subsequently recovered in those suits, were not paid; the sheriff then assigned the recognizances to use-plaintiff, which brought the present actions on them, against the sureties only. Similar affidavits of defense, filed in the two cases, were held insufficient, judgments were-entered for plaintiff, and the…