Love, Savage & Co. v. McComas & Cloon

Meerick, 0. J.,

dissenting. The original opinion of this court on the rule taken against the surety upon the bond for the release of the properly attached, appears to me to be sustained by abundant authority. I have not heard or seen any argument or authority advanced on the re-hearing, which creates any doubt upon my mind of the correctness of that decision, and hence I do not feel at liberty to assent to the opinion of my colleagues, in part overruling the same. Indeed I do not understand the opinion of my colleagues to controvert the doctrine that all interlocutory decrees, as between the…