Bellinger v. Gardner

This is a motion to discharge the defendant from arrest, on the ground that the undertaking executed at the time the order of arrest was granted, was not signed by the plaintiff, but by the sureties only.

Section 182 of the Code requires that before making the order to arrest, the judge shall require a written undertaking on the pari of the plaintiff, with or without sureties, to the effect, &c. If the undertaking be executed by the plaintiff without sureties, he shall annex an affidavit that he is a resident and householder, or freeholder within the State, and worth double the sum specified…