Bonesteel v. Orvis

The respondents move to dismiss the appeal in this case, because the sureties in the undertaking on appeal are the same persons who were sureties for the appellant (defendant below), in the undertaking in replevin, and against whom and the *647appellant the judgment was rendered in the circuit court from which the appeal is taken.

It is contended that the true construction of the statute requiring security on appeal is, that it requires that some new security, additional to that which the plaintiffs had before the appeal, should be given to stay proceedings on the judgment appealed from; that as…