Shephard v. Stewart

The surety on an appeal bond has appealed from a judgment condemning him to pay the unsatisfied balance of the judgment against the defendant herein.

The rule against the surety is based on the sheriff’s return in the following words: “And after making diligent search and inquiry and demand of said defendant for other property to satisfy said writ, and the plaintiff named in the said writ failing to point out other property to satisfy'the same, and said writ having expired by limitation of law, is hereby returned credited as above.”

This does not conform to the 727 Art. C. P., which requires…