Tibbal v. Cahoon

The opinion of the court, which contains a full statement of the case, was delivered by

Kennedy, J.

This was an action of debt, brought by Charles W. Cahoon against Charles M. Tibbal, the plaintiff in error, upon a bond executed ón the 12th day of November 1838, by Jonah Dib*233ble and the said Tibbal, binding themselves jointly and severally, to A. Scott, Esq., high sheriff of the county of Erie, in the sum of 100 dollars, to be paid to the said Scott, his certain attorney, executors, administrators, or assigns; upon condition, however, that if the above bounden Jonah Dibble should be and appear…