Foster v. Fernandes

This is an application to vacate a writ of supersedeas heretofore issued by this court in the above-entitled matter. The plaintiff secured judgment in an action to recover certain cattle or their value, from which judgment the defendants filed notice of appeal and also filed an undertaking on appeal in the sum of fifteen thousand dollars. The respondent excepted to the sufficiency of the sureties and after due examination the trial court found the sureties were qualified to act as such, but refused to permit them to justify upon the ground that they appeared one day too late. Thereupon, the…