Gay v. Hurts

The plaintiff brought suit in justice’s court which after judgment there was appealed to the circuit court. In that court by special order she was required to file security for costs, and did so in the form of a common-law bond. Prom the circuit court the case was brought to this Court, and defendants obtained final judgment here for costs of all the courts. In entering up judgment no notice was taken by the clerk of the fact that there were sureties; but the defend ants afterwards, upon notice served upon the sureties, moved for judgment in this Court against them under How. Stat. § 7GG3.

It…