Sturtz v. Counonie

Wright, P. J.,

— Plaintiff obtained judgment before a justice of the peace, and defendant appealed. We have before us two rules. Plaintiff seeks to strike off the appeal on the ground that defendant did not give sufficient bail. Defendant asks permission to amend and perfect the bail.

The body of the recognizance in question recites that defendant and the Travelers’ Indemnity Company are bound as bail absolute to plaintiff for the payment of all costs that have accrued or that may accrue as well as the debt and interest. However, this obligation was signed by defendant only. Attached to it is a…