Martiniello v. Robitaille

This is an action of contract, brought against sureties on a bond given to dissolve an attachment in a prior action, to recover the penal sum of the bond. The defendants in their answers allege that the “ plaintiffs secured their judgment in the original action through fraud and collusion with the principals named in the bond ” — the defendants in the original action. A verdict for the plaintiffs in the penal sum of the bond was directed and the defendants excepted.

These facts were admitted: On August 1, 1929, an action was begun by the plaintiffs in the present action (Louis Martiniello and…