Campbell v. Orillion

The judgment of the court was pronounced by

Ring, J.

The plaintiff being-dissatisfied -with a .judgment rendered in his favor for a less sum than he claimed to be due, took-the present appeal, giving a bond with surety for costs only. Subsequently he caused an execution to issue, in virtue of which property of the defendant’s was seized. No sale was effected for the want of bidders, the writ was returned not satisfied, and an alias fi. fa. issued, which is no.w-in the hands of .the sheriff. The defendant has moved for the dismissal of the appeal, on -the ground that the plaintiff has acquiesced…