Clay v. Richardson

On Motion for Rehearing.

Upon original hearing we overlooked a memorandum of authorities cited by appellants as a supplement to their briefs theretofore filed, and such of those authorities as are especially relied on we will now discuss.

In Cigler v. Keinath, 265 Ill. 144, 106 N. E. 629, a judgment was sought against a surety on an appeal bond filed by the defendants in a suit against whom a judgment had been rendered for the possession of certain real property. The bond was conditioned that the appellants should prosecute their appeal with effect “and pay the costs and damages rendered, or to…