Hunter's Syndics v. Hunter

Having doubted the correctness of our opinion, and the judgment heretofore rendered in this case, we granted a rehearing, at *6the request of the plaintiff, who is here appellant.

East'n District. June, 1822.

The sole question in the cause is, whether the bond, on which the action is founded, has been forfeited, so as to make the obligors liable for its penalty? The condition on which the obligation was to have been avoided, is to to have a certain negro (therein mentioned) or his value forthcoming, to answer any judgment that might be rendered in a case then pending in the district court,…