Gopsill v. Decker

By the Court, Brady, J.

The defendants signed an undertaking on behalf of Joseph K. Heath to enable him to have a decision of the General Term of this district reviewed by the Court of Appeals, which was made against him in an action wherein the plaintiff herein was also plaintiff and Heath was the defendant. After the undertaking had been executed, and in due time, the plaintiff excepted to the sufficiency of Decker & Miller as sureties, and notice of justification was duly given. The defendant Miller was examined, and approved by the plaintiff’s counsel. The defendant Decker was also…