Dawson v. Holt

Action of libel by Holt against Dawson and Campbell, in which judgment was rendered by the circuit judge in favor of the plaintiff against the defendants. Upon appeal by the latter, the judgment was reversed *28as to Campbell, and judgment rendered in his favor-for his costs of the suit against Holt. The question submitted to us is whether this judgment for costs shall also be rendered against Holt’s surety for the prosecution of the suit.

The prosecution bond is conditioned to be void if Holt “doth with effect prosecute an action of trespass on the case for libel this day commenced against the…