Wheeler & Wilson Manufacturing Co. v. Johns

Taylor, J.:

The defendant in error moves to dismiss the writ of error and to vacate the supersedeas in this cause upon the ground that no sufficient bond for superseding the judgment has been given or filed by the plaintiff in error. In so far as the motion seeks a dismissal of the cause because of the insufficiency of the bond given to operate as a supersedeas, it must be denied. Prior to the adoption of the Revised Statutes the original plaintiff in the court below could not take writ of error without first paying all costs that had accrued up to the time of the issuance of the writ, and,…