Smead v. Stuart

Opinion by

Mr. Justice Mitchell,

Judgment for $9,069.02 oil scire facias sur mortgage was entered on August 3, 1899, for want of sufficient affidavit of defense. On August 17, the defendant filed an appeal in this court, giving a recognizance in the sum of $300 to cover costs. The plaintiff thereupon issued a levari on' his judgment, which on motion the court below refused to stay. On application to the Chief Justice during vacation the present rule to supersede the execution was allowed.

*579Tlie substantial contention in the ease is upon the sufficiency of the bond in an amount that will secure…