First Nat. Bank v. McKean

(after stating the facts as above). The question here presented is whether under the laws of Oregon, which provide that, in a case where attached property has been released by virtue of a forthcoming bond, the court, upon giving judgment against the defendant, “shall also give judgment in like manner and with like effect” against the sureties, the remedy so provided is exclusive, so that the failure thus to enter- judgment against the sureties discharges them from the obligation of their undertaking. In 6 C. J. p. 351, § 741, is expressed the rule to which we find no exception among reported…