Washington. The question in this case arose upon a demurrer to a sciri facias- Levin Bozman recovered a judgment at Jaw against John Morrison, who obtained an injunction and gave John Armstead and Benjamin Fessenden, securities. The bond for the injunction bore date on 23d December, 1807. The injunction was dissolved and the bill retained as an original bill, and finally dismissed.
Cited by 1 later decisions — most recently January 1818
1 state decisions
Good law ✅— No negative treatment on recordhow we know
¶2
This case comes here upon the objection, that the act of 1810, ch. 12, does not extend to this bond, which was executed before the passage of that act. Upon looking into the act, it is found to relate only to
the remedy
upon injunction bonds, which the legislature can alter from time to time, as shall seem expedient. The true construction of the act seems to be, that the obligee might sue by sci.
fa.
on
all
such bonds, whether executed after or before the passage of the act j for it professes only to regulate the
mode of proceeding
on the bond, which the act of 1800, ch. 9, bad required to be taken
;
and we see no reason why the remedy should be different on one bond, from what it is on another- Judgment for the Plaintiff on the demurrer.
