People v. Reuter

Mr. Presiding Justice Bigelow

delivered the opinion of the court.

In order to sustain the judgment in this case, it must, as we think, be assumed that appellee was seeking to enforce an affirmative right which appellants were attempting to deprive him of, and that appellee has secured the right through his superior diligence. But in what does this affirmative right consist? He is complaining of no wrong done him, or that he has been deprived of any right belonging to him. He came into court unwillingly, and to the complaint that the principal in the bond for whom he was surety, did not keep and…