Cummins v. Cassily

Judge Breck

delivered the opinion of Hie Court.

Cassily brought an action of debt against Cummins, ,&c. the appellees, and recovered judgment, from which they have appealed to this Court.

The defendants filed their plea in abatement averring that the plaintiff was a non-resident of the State of Kentucky, and that he had failed to give a sufficient arid valid bond for costs, as required by law. The plaintiff replied that before the institution of his suit a good and sufficient bond for costs had been executed, and he made profert of the bond. The bond exhibited is signed, “Payne & Waller by John…