
    Graham v. Canton & Waynesburg R. R. Co.
    Bail on appeal in foreign attachment will not be fixed at double the amount of the bonds attached, where the amount of the bonds attached exceeds the debt sought to be recovered.
    March 15, 1890.
    Rule to fix bail at double the value of the bonds attached, in Appeal, No. 328, Jan. T., 1890, from C. P. No 3, Phila. Co., in an action of assumpsit and foreign attachment, to .Dec. T., 1889, No. 16. Before a full bench.
    The affidavit for the rule was filed Feb. 18, 1890, the affiant stating that he was “ in the law office of Thomas Learning, counsel for the appellee,” and reciting the issuing of a writ of foreign attachment on Jan. 30, 1889, which was dissolved Oct. 26, 1882, upon which day, without discontinuing the prior suit, another similar action was issued, wherein $125,000 of first mortgage bonds of the appellee were attached in the hands of the Penn Mutual Life Ins. Co. Both attachments were dissolved : 25 W. N. C. 65, and 26 W. N. C. 203. This appeal was taken in the second writ. The plaintiff’s claim was for $5,650 and the bond on appeal $10,000. Appellee excepted to the sufficiency of the bail.
    The affidavit proceeded : “ Deponent is informed by a letter received to-day from the president of the railroad appellee, and therefore believes, he has just effected a sale of the bonds in New York for $112,509, and that immediate delivery of them all is essential to consummate the sale.”
    
      March 17, 1890.
    The affidavit further averred a good defence upon the merits of the action; that the appellee was without property or credit in the jurisdiction wherewith to enter bail, that the appeal could not be heard until January, 1891 ; and that appellee’s damages by the delay would probably amount to the whole value of the bonds attached.
    
      Thomas Learning, for rule; Charles A. Chase, contra.
   Per Curiam,

The rule to show cause why appellant’s bail should not be fixed at double the value of the bonds attached is discharged. H. J. L.  