Wilson v. State
Superior Court of Delaware
Security in the appeal was taken in the following form: “ I, William F. Clements, become surety in the sum of one hundred dollars that the above case shall be prosecuted with effect and also any judgment rendered against said Harry Wilson shall be satisfied.” for respondent, asked that the appeal be dismissed on the ground of insufficient security, in that it did not obligate the surety to pay any judgment that might be rendered against the administrators or executors of the…
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Security in the appeal was taken in the following form: “ I, William F. Clements, become surety in the sum of one hundred dollars that the above case shall be prosecuted with effect and also any judgment rendered against said Harry Wilson shall be satisfied.” for respondent, asked that the appeal be dismissed on the ground of insufficient security, in that it did not obligate the surety to pay any judgment that might be rendered against the administrators or executors of the said Harry Wilson, as required by the statute. Rev. Code, 462, Sec, 5; Trimbel, Sides & Co., vs. Dugan, 2 Pennewill,…
1Opinion of the Court
Pennewill, J.:
The security taken in this case does not seem to be in compliance with the form prescribed by the statute.
We think, under the circumstances, that the appeal should be dismissed.
Appeal dismissed.
2Cited by2 opinions
- Ademski v. RuthSupreme Court of Delaware · 1967
- Johnson v. MaykowskiSuperior Court of Delaware · 1945