Folger v. Palmer

The opinion of the Court was delivered by

Bermudez, C. J.

This is an appeal from a judgment against a surety on a bond furnished for a suspensive appeal.

The judgment against the defendant having been affirmed on appeal, execution issued against him. The writ was returned nulla bona by the sheriff, after due demand of defendant and plaintiff’s attorney, who stated that they knew of no property to point out for seizure to satisfy the writ.

A rule containing proper averments was then taken by the- unpaid ■ judgment creditor on the surety, calling on him to show cause why judgment should not be…