Petty v. Bryant

Jenkins, Justice.

This was a proceeding against the principal and the surety on a ne exeat bond. The surety pleaded non-liability, contending that the principal had appeared in compliance with the conditions of the obligation, that a final judgment had been entered, and that the bond was functus officio. There was no demurrer to either the petition or the plea. The surety by direct bill of exceptions assigns error on the action of the court in refusing to allow him “to introduce any evidence whatsoever in support of his plea or answer or to be in any manner heard,” and on the judgment as…