Morris v. . Morris

The defendant appealed from the judgment of the Superior Court of Orang’e county to this Court. This Court decided that there was error, and directed the judgment to be l’eversed in the court below, and gave judgment for the costs here against the appellee. Thereupon execution issued and the same was returned unsatisfied for lack of property out of which to levy the costs.

The clerk of this Court then issued execution against the appellant, the defendant, and his surety in the undertaking for costs upon the appeal, for the defendant’s own costs. The surety comes and suggests that the execution…