Thom v. Savage
Indiana Supreme Court
APPEAL from the Crawford Circuit Court. — A motion was made by the appellee to dismiss this case, because the appeal bond had not been executed, by the principal, but by the surety alone.
1Per curiam
If sufficient security be given for the due pro» secution of the appeal, the statute requiring appeal bonds is in substance complied with. It would in many instances very improperly exclude a party from the privilege of appealing, if his own execution of the appeal bond could not be dispensed with (1).
Motion overruled.
Ind. Stat. 1817, p. 7. — Acc. Ind. Stat. 1823, p. 131. By stat. 16 and 17 Car. 2. it is enacted, “that in writs of error brought upon any judgment after verdict, in any action of ejectione firmas, no execution shall be stayed, unless the plaintiff or plaintiffs in such writ of…
2Cited by3 opinions
- Railsback v. GreveIndiana Supreme Court · 1877
- Howard v. ManderfieldSupreme Court of Minnesota · 1883
- State ex rel. Lawrence County v. FortinberryMississippi Supreme Court · 1877