Earl v. Jenkins

In consequence of illness Justice Hendrickson has been prevented from taking part in the decision, and the 'case is therefore decided on the opinion of

Dixon, J.

The defendant applies for the vacation of a judgment entered against him for the penalty of his bond by virtue of his warrant of attorney. The main ground of the application is that a part of the debt mentioned in the condition of the bond had been satisfied by the foreclosure of a mortgage given for the same debt and therefore, under the statute concerning such proceedings, passed March 12th, 1880, amended March 23d, 1881 (Gen. Stat.,…