Dunlop

The defendant Farmer, in an action brought by him against plaintiff, caused an attachment to be levied on an automobile belonging to the latter. At the time of the issuance of the attachment Farmer, as principal, and defendants Reed and Davis, as sureties, entered into an undertaking in the sum of $500 to the effect that “if said defendant recovers judgment said plaintiff will pay all costs that may be awarded to the defendant, and all damage which he may have sustained by reason of said attachment, not exceeding the sum of five hundred ($500.00) dollars.” Dunlop was given judgment in that action and the automobile was restored to him. Thereafter this action was commenced to recover damages in the sum of $500, the plaintiff alleging that he had been damaged in the sum of $1,814 by reason of the wrongful attachment but praying for recovery of $500 only. Plaintiff was given judgment for $500 and costs of suit. From this judgment defendants appeal.

[1] The original complaint did not allege that a demand had been made on Farmer for payment of the alleged damages or that the same had not been paid. The defendants filed general demurrers to the complaint and the same were overruled.…