Simonds v. Heinn

John I-Iaeberle bas appealed from a judgment, upon a rule condemning liim as surety upon tbo appeal bond of Mrs. Mary Ileinn. He contests bis liability upon tliveo grounds.

First — Because tlie plaintiff took a rul® in tlie lower court to set aside tlie appeal of Mrs. Ileinn, on the ground that the surety (Haebcile) was not solvent, and caused tho rule to be continued until a day later than the return day of tlie appeal; and that Mrs. Heinn, “ fearful of not establishing the solvency of her surety failed to file tho *297record,” and the appeal was thus abandoned. He contends that in, this regard…