Marshall v. Pope

This was an action instituted before a justice' of the peace, against two defendants, only one of whom was-served with process. A trial was had, and judgment was rendered against both defendants. An appeal was prayed and perfected by the defendant who was served. A summons was issued from the Circuit Court against the other defendant, but it does not seem to have been served, as no return is indorsed by the sheriff.

In the Circuit Court a motion was entered to dismiss the appeal,-for want of a sufficient bond. And a rule was entered requiring the appellant to file a sufficient bond. Appellant…