Hallman v. . Dellinger
Supreme Court of North Carolina
Claim and Delivery tried at Fall Term, 1880, of Lincoln Superior Court, before Seymour-, J On the 15th of October, 1877, the plaintiff brought her action of claim and delivery for a horse, in the court of a-justice of the peace, against the defendant, and at the same time gave a bond with one Jacob Kiser as her surety, in which they acknowledged themselves bound in the sum of one hundred dollars to the defendant, “for‘the prosecution of the action and for the return of the…
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Claim and Delivery tried at Fall Term, 1880, of Lincoln Superior Court, before Seymour-, J On the 15th of October, 1877, the plaintiff brought her action of claim and delivery for a horse, in the court of a-justice of the peace, against the defendant, and at the same time gave a bond with one Jacob Kiser as her surety, in which they acknowledged themselves bound in the sum of one hundred dollars to the defendant, “for‘the prosecution of the action and for the return of the property, if the return. be adjudged, and for the payment of such sum as may be for any cause recovered against the…
1Opinion of the CourtRot-fin, J.
It will be seen from the fácts'that ’the only <bond executed by the appellant, Kiser, was one to the ■defendant, -Dellinger, as surety of the plaintiff, and surely ■he cannot he liable thereon to his principal for anything. We cannot gather certainly whether the plaintiff, in order to get the amendment asked for, actually paid the-costs that had accrued up to the trial ■; though, as the amendment was ■allowed only upon ihe'condition that she did pay them, and as the transcript shows there was a trial -at the very s.ame term which -resulted favorably to her, th-e most natural inference would…
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