Damiano v. Mooney

Rosen, J.,

This is a rule for judgment for want of a sufficient affidavit of defense.

The plaintiff brought this action against the defendant on a bond executed by her in connection with an appeal from the judgment of a magistrate obtained by the plaintiff against one Joseph Delpizzo. The condition of the bond reads as follows: “I, Annie Mooney, hold myself indebted to the plaintiff in the sum of $184, conditioned for Joseph Delpizzo all costs that have or may accrue in this case up to the final determination of this suit, and that the defendant will prosecute his appeal with effect.”

The appeal…