Culver, Simonds & Co. v. Leovy

Tliis is an appeal from a judgment on a rule against the surety on an appeal bond, rendered on twenty-seventh June and signed on twenty-second July, 1867.

'Afule for a new trial was taken by the surety on the twenty-ninth June, and fixed, on motion, for the fourth day of November following. The order fixing this rule was rescinded on the fifteenth July, and the rule fixed for trial on Monday, twenty-second July, notice of which was given to the surety, who on tho day fixed opposed the trial of his rule on the grounds that it had already been fixed for November ; that such a rule could not bo…