Rosseau v. . Thornberry

The question for the Supreme Court is, whether the bond could be received by the Superior Court. The object of the act of Assembly which requires a bond to be given (according to the directions of the act) by the party obtaining a writ ofcertiorari is to indemnify the adverse party against the consequences incidental to the removal of the suit.

The clerk of the county court to which the writ goes is directed to take from the applicant such a bond as the act requires. If he fails in the performance of this duty, the ends of justice can no otherwise be attained than by such bond being taken in…