McGUIRE v. GERSTLEY

No. 168.

204 U.S. 489 (1907)

McGUIRE v. GERSTLEY.

Supreme Court of United States.

Decided February 25, 1907.


Attorney(s) appearing for the Case

Mr. Lorenzo A. Bailey for plaintiff in error.

Mr. Eugene A. Jones, with whom Mr. Simon Wolf and Mr. Myer Cohen were on the brief, for defendants in error.


MR. JUSTICE PECKHAM, after making the foregoing statement, delivered the opinion of the court.

The declaration in this case is attacked by the defendants under the rule that the court will go back to the first substantial defect appearing in the pleadings before the filing of the demurrer. The criticism made by the defendants upon the declaration is that it does not sufficiently show a violation of the terms of the bond....

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