J. B. Murison & Co. v. Butler

The plaintiffs, having obtained a judgment against the defendant, the latter appealed, and M. J. Newman, James Murphy and Mills Judson became his sureties on an appeal bond. Pending the appeal the defendant died, his administrator was made a party to the appeal, and the judgment was affirmed. The plaintiffs issued execution against Butler, which -was returned milla bona, whereupon they took a rule against the sureties to show cause why they should not be condemned in solido to pay the amount of the judgment. An answer to the rule was filed setting up the defence that since signing the bond,…