Levine v. Lindenthall

Opinion by

Quinan, J.

§ 1149. Certiorari bond; suit upon. Appellee brought this suit upon a certiorari bond given by him in a forcible entry and detainer suit in which appellee had recovered judgment against Lindenthall for the restitution of certain premises and for damages. The certiorari suit had been dismissed in the county court. Held, the suit was maintainable. The obligation of the bond was to prosecute the writ with effect, and, in case of failure, to pay all costs and damages occasioned by the proceedings under such writ of certiorari. When the writ of certiorari was dismissed, there…