Byrne, Vance & Co. v. Garrett

This is a suit against the surety on an appeal bond.

Tiie defense is the judgment, in which the bond was given in order to prosecute tiie appeal, has prescribed by the act of 1853, more than ten years having elapsed from its rendition in the district court before this suit was instituted, without an attempt to revive it under said act.

On this exception the suit was dismissed, and the plaintiffs have appealed.

Whether the prescription announced in the act of 1853 began from the date of the judgment in the district court or from the time it was affirmed on appeal, is no louger an open question.…