Potter v. Kearney

— Appellant was required by an order of court to secure the costs of defendant in the sum of $300. In due time, and on November 2, 1922, such a bond was filed with two sureties, who were excepted to in due time by the defendant. On the tenth of the same month attorney for defendants filed a motion to dismiss the action because of failure of the sureties to justify after objection and exceptions, and this motion was noticed for hearing on the thirteenth of the same month. On that day counsel for both parties appeared in court and argued the motion, *410and on the same day a deposit of $300 in cash…