Rothnell v. Paine

This is an appeal from a judgment in favor of plaintiff entered upon the verdict of a jury at trial term and from an order denying defendants’ motion for a new trial upon the minutes and exceptions.

Tbe action is brought upon an undertaking executed by • 'defendants as sureties in an action in tbe superior court of tbe •city of New York, wherein James P. Tuttle was plaintiff and '•the plaintiff herein was defendant, and was given in pursuance • of tbe requirements of tbe Code of Civil Procedure to procure ...an order of arrest against tbe plaintiff herein.

'The condition of the undertaking is…