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37 Iowa 378

Horner v. Harrison

Supreme Court of Iowa

Decided December 15, 1873

Supreme Court of Iowa · decided 1873-12-15

Wednesday, October 22. This action is brought upon an attachment bond. The defendants demurred. The court overruled the demurrer and rendered judgment for plaintiff. Defendants appeal. The further facts are stated in the opinion.

Decided 1873-12-15

Miller, J.

¶1The petition alleges the execution of the bond by the defendants, notices the conditions, to wit, that they (defendants) would pay all damages which the plaintiff might sustain by reason of the wrongful suing out of the writ of attachment; and alleges that the attachment was wrongfully sued out. It fails, however, to allege any breach in the conditions of the bond; it does not allege the nonpayment of the *379damages which the plaintiff avers she has sustained. This averment is necessary under section 2960 of the Revision. This court so held in Ryder v. Thomas, 32 Iowa, 56. The demurrer should have been sustained.

¶2Reversed.

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