Delano v. Kennedy
Supreme Court of Arkansas
This was an action of debt by attachment, determined in the Crawford Circuit Court, in October, 1843, before the Hon.. R. C. S. Brown, one of the circuit judges. Kennedy, for the use of Jonathan Allen, sued Charles M. and Lorenzo Delano, aud with his declaration filed an affidavit and bond for attachment.
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This was an action of debt by attachment, determined in the Crawford Circuit Court, in October, 1843, before the Hon.. R. C. S. Brown, one of the circuit judges. Kennedy, for the use of Jonathan Allen, sued Charles M. and Lorenzo Delano, aud with his declaration filed an affidavit and bond for attachment. The affidavit stated that the defendants were justly indebted to the plaintiff in the sum of $>240 84, with interest from the second of January, 1840, and' that the defendants were non-residents. The bond was for $‘600, conditioned that the plaintiff would prove his. demand on a trial at…
1Opinion of the Court
Ry the Court,
Sebastian, J.
The question, which is mainly presented by the record in this cause is, whether the giving bond by the defendants, to obtain the restoration of property attached, precluded him from pleading in abatement the want of a sufficient attachment bond. In Didier vs. Galloway, 3 Ark. Rep. 501, it was expressly ruled, that the want of a bond, or of a bond in pursuance of the statute, was pleadable in abatement to the whole suit. It is a condition precedent to the suing forth the writ, intended to afford the opposite party ample redress for any injury which may result from its…
2Cases cited1 opinion
- Didier v. GallowaySupreme Court of Arkansas · 1841
3Cited by4 opinions
- Winter v. Union Packing Co.Oregon Supreme Court · 1908
- Fox v. MackenzieNorth Dakota Supreme Court · 1890
- Lehman v. BerdinU.S. Circuit Court for the District of Eastern Arkansas · 1878
- Childress v. FowlerSupreme Court of Arkansas · 1848