Beam v. Laycock

This cause was heard and judgment affirmed at the present term. Appellants file petition for a re-hearing.

We have considered the petition and arguments of appellant’s counsel, and must adhere to the decision already made in the case.

Appellants suppose that this court decided that the appeal bond was such a contract that under sec. 37 of the Practice Act, affidavit might be attached to it, and proof as to the amount of damages are dispensed with, unless defendant should file a plea accompanied with affidavits of merits to their plea. The court did not, in considering the case, deem it…