Shank v. . Shoemaker

The respondents move to dismiss the appeal in this action on several grounds, of which I deem it necessary to consider the following, only: That the action has been settled by an agreement between the defendant, with the consent of his sureties on the appeal, and the attorney for the plaintiffs. The terms of the settlement are not stated in the respondents’ papers, but it is to be inferred from the affidavit of the attorney for the appellant, that the sureties of the defendant, who is insolvent, paid the respondents’ costs, and the respondents remitted the penalties for which they had…