Hays v. Todd

Raney, C. J,:

The affidavits presented in support of this motion raise serious doubts in our minds as to the sufficiency of the sureties, and though these doubts are not *215such as might not have been overcome by an effort to meet the representations of the affidavits had such an effort been made, still, under the circumstances, we think the motion should be granted.

Counsel for Plaintiff in error have signified a desire that we give them time to file an additional supersedeas bond. Upon this point our conclusion is that the proper practice is for them to become actors in presenting a new bond and…