Palmer v. Melvin
PALMER v. MELVIN
- Area
- civil
- Panel
- William J. Murray, Jr. (author)
Analysis
No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.
Opinion — Murray
The opinion of the Court was delivered by Mr. Chief Justice Murray.
Mr. Justice Heydenfeldt and Mr. Justice Terry concurred.
The demurrer to the plaintiff’s complaint was well taken, and should have been sustained.
The complaint does not state that the property attached was released upon the execution and delivery of the bond. To charge the defendants, it is necessary to allege the consideration of the undertaking, and a mere reference to the condition of the bond, is insufficient.
Judgment reversed, and cause remanded.
Cited by
- Coburn v. Pearson No. 6,811 · 1881-07-01
- Jenner v. Stroh No. 5311 · 1877-07-01
- Williamson v. Blattan · 1858-07-01