Joseph P. Bradley

“ The reason for an attachment bond, as explained by the Supreme Court of Louisiana, requires the construction which was adopted. Prior to the adoption of the code, a bond for double the amount of the demand was required. 'Its object, and the object of all such laws,' says the court, 'is to secure the absentee from all damages he may sustain by illegal seizure of his property. An interpretation such as the plaintiff contends for would in many instances defeat the purpose of the legislature. ”

“ But this may have been on account of the seemingly designed alteration of the law.
No such design can be asserted in the present case. The law stands in the same words in which it has always stood, and we think it must have its long-accepted meaning. ”

“ On the same day, the defendant entered a rule to show cause why the attachment should not be set aside, upon the ground, amongst others, that it was issued without the plaintiffs giving the bond required by law as a prerequisite therefor. This rule was subsequently dismissed by the court below, and a bill of exceptions was taken by the defendant.
The fact that the amount of an attachment bond is fixed by an order of a judge makes no difference in Louisiana as to the effect of the invalidity of an insufficient bond upon the subsequent proceedings. Graham v. Burckhalter, 2 La. An. ”