Emanuel v. McNeil

The opinion of the court was delivered by

Walker, Chancellor.

There was an action in the Supreme Court brought by the appellant, Sunta Emanuel, against Irving E. McConnell, in which the defendant was arrested on a capias ad respondendum and released on bail. Judgment passed against defendant, and, failing to pay the damages and *500costs awarded against him, a caspias ad satisfaciendum was issued and returned non est inventus.

The present suit was thereupon brought against the respondent, George A. McNeil, who was surety on the bond or recognizance given by defendant to the plaintiff under the…