Gale v. Doll

There was judgment against the defendant, from which he took a suspensive appeal, Maristany being security on the appeal bond. The judgment appealed from was affirmed. Execution issued, and was returned nulla bona. Then plaintiffs took a rule upon the security to show cause why he should not respond to the judgment. The rule was made absolute, and he has appealed.

He contends:

First — That the allegations of the said rule do not entitle the plaintiffs to a judgment against the surety.

Second — That the writ of fieri facias was prematurely returned, being issued on the fifth of January, 1875, and…