Riggins & Anderson v. Ford

Opinion by

Watts, J.

§ 1286. Distress warrant; bound for; “illegally” is not synonymous with “unjustly.” The statute requires the conditions of a bond for a distress warrant to be, “to pay the defendant such damages as he may sustain in case such warrant has been illegally and unjustly sued out” [R. S. 3113], whereas the conditions of the bond in this case omitted the words “and unjustly.” Statutory bonds must contain fully and clearly all the conditions prescribed by the statute. “ Illegally ” and “unjustly” are not convertible terms. They are not synonymous in a legal sense. Mr. Bouvier…