Sterling City Gold & Silver Mining & Tunneling Co. v. Cock
Supreme Court of Colorado
Error to District Court, Arapahoe County. Debt upon an attachment bond, the condition of which was as follows: The condition of this obligation is such, that whereas the above bounden George E. Cock has, on the day and date hereof, prayed an attachment out of the district court of the first judicial district of Colorado territory, in and for the county of Arapahoe, at the suit of George E. Cock, George Richardson, John Y. Scamman, John Finn and others, doing business as…
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Error to District Court, Arapahoe County. Debt upon an attachment bond, the condition of which was as follows: The condition of this obligation is such, that whereas the above bounden George E. Cock has, on the day and date hereof, prayed an attachment out of the district court of the first judicial district of Colorado territory, in and for the county of Arapahoe, at the suit of George E. Cock, George Richardson, John Y. Scamman, John Finn and others, doing business as Butterfield Overland Dispatch Company, against the estate of the named Sterling City Gold and Silver Mining and Tunneling…
1Opinion of the CourtBelford, J.
This was an action of debt brought in the Arapahoe district court, on an attachment bond executed *26by George Cook as principal, and John Hughes as security. The defendants below demurred to the declaration, on the ground that it was not averred that any damages had been awarded against the plaintiffs in said attachment in any suit brought for the wrongful suing out of the attachment, according to the condition of the bond.
It will be seen, from this statement of the case, that the only question to be considered is, whether an action can be maintained on an attachment bond, against the principal…
2Cases cited1 opinion
- Glidewell v. M'GaugheyIndiana Supreme Court · 1830
3Cited by5 opinions
- Buggeln v. CameronArizona Supreme Court · 1907
- Newman v. People ex rel. McHenryColorado Court of Appeals · 1893
- Mattler v. BrindColorado Court of Appeals · 1892
- Mattler v. BrindColorado Court of Appeals · 1892
- Newman v. People ex rel. McHenryColorado Court of Appeals · 1893