Horine v. Woods

The following errors are assigned in this case, which are deemed sufficient to reverse the judgment. 1st. There is no averment in the declaration of the performance, or readiness to perform the condition precedent, which alone entitled the plaintiffs below to their action. 2dly. There is judgment entered against Casper Pope, as the appearance bail for Jacob Myers (one of the defend*236ants), when no bail bond is returned by the sheriff, showing that the said Pope had entered into such undertaking.

The counsel for the defendant in error seemed to'admit that errors existed in the record, but…