Askins v. Chilcote Et

OPINION

By CROW, PJ.

It is quite clear that the only liability which could ever arise upon the bond would be for costs.

If concealment by appellant, of the sale of either piece or both pieces of real estate, constituted fraud, which point is unnecessary to decide, but assuming that it did, how stands the application for release of the surety from liability? If he is entitled to be released at all, it must be because the bond is voidable by the surety, unless upon the theory of amendment, a new bond be ordered in lieu of the existing one.

The right of appeal for trial de novo, or upon proceedings…