Heath

By the Court,

The respondents brought this action on an attachment bond executed by Belt & Owens, as principals, and B. S. Knapp, deceased, as surety. Administration was had of the estate of Knapp, by the public administrator, who was made a party defendant. Afterwards, Lent, having been duly appointed administrator, was substituted for the public administrator, as a defendant. The respondents recovered a judgment against the defendants for the sum of $3000, a verdict having been rendered for that amount by a jury. A motion to set aside the verdict and grant a new trial was overruled. The record contains the testimony as taken by the clerk, most of which was illegal, and should not have been permitted to go to the jury. The property attached was real estate. The possession of the owner of the property was not disturbed, and it is difficult to perceive how any thing further than nominal damages can be recovered for the injury caused by the attachment, as no damages could have accrued, except for the injury of which the writ of attachment was the direct and proximate cause. The cases cited by counsel, from 25 Wendell, p. 383, and 3 Denio, p. 246, support this position, and, if…