Church v. Campbell

The opinion of the court was delivered by

Dunbar, C. J.

This was an action for damages on an attachment bond. The fourth allegation of the complaint is as follows:

“That after filing said affidavit and before said attachment issued, said John G. Campbell & Co., as required by law, gave an attachment bond for the protection of this plaintiff, with defendants J. L. Worthley and W. TT. Yan Lehn as sureties, in the words and figui-es following:” . . .

There is no allegation in the complaint that the damages claimed to have been sustained have not been paid. At the close of plaintiff’s case the…