Irwin v. Cotney

This is an action for damages brought by John Cotney against J. M. Irwin, the principal, and S. H. Wood and W. D. Mattox, the sureties, for breach of an attachment bond executed by them to him. There was a judgment based on a verdict of the jury in favor of the plaintiff, and from it this appeal is prosecuted by the defendants. The bond appears in each count either as an exhibit or by being copied therein.

Count 1 alleges the bond was breached in this, that the bond was given to secure a writ of attachment in the suit by J. M. Irwin against John Cotney; that the writ was levied on 50 bushels…