Toelle v. National Surety Co.

The opinion of the court was delivered by

Johnston, C. J.:

This action was brought upon a bond given to procure the dissolution of an attachment and the release of the attached property. The bond had been given in an action brought by John Toelle against the Sells-Floto Shows Company, in which quite a number of elephants, camels and other wild animals valued at $25,000 had been attached. A bond in the penal sum of $50,000 was executed and the attachment was dissolved. The following is a copy of the bond on which the release was secured :

“Know All Men by These Presents:

“That the defendant,…