Markham v. Salovitz

The complaint alleges that the plaintiff obtained judgment against Perma-Side, Inc., on July 23, 1958; that execution was issued upon the judgment on November 17,1958; that demand under the execution was made upon Perma-Side, Inc., on November 24, 1958; and that the execution was returned unsatisfied. Attached to the complaint is a copy of the bond sued upon. From it and the allegations of the complaint, it appears that the bond was given to release a garnishment of a debt due to Perma-Side, Inc., from Thomas S. Degnan.

*190The defendant demurred to the complaint because it did not allege that…