Parsons v. Williams
Supreme Court of Connecticut
This was an action of debt. The declaration embraced two counts. The first was on a recognizance entered into by W. O. Williams, Esq., the defendant in this action, in a suit pending in the county court, in favour of Thomas Barber against Levi Parsons, the present plaintiff.
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This was an action of debt. The declaration embraced two counts. The first was on a recognizance entered into by W. O. Williams, Esq., the defendant in this action, in a suit pending in the county court, in favour of Thomas Barber against Levi Parsons, the present plaintiff. The terms of the recognizance were thus alleged : “ The said W. G. Williams personally appeared before said court, and, in behalf of the plaintiff in said action, acknowledged himself bound to the adverse party, (the plaintiff in the present action,) in a recognizance in the sum of fifty dollars, conditioned that the said…
1Opinion of the CourtBissell, J.
The bond of prosecution, and the bond given on the appeal, as set forth in the first and second counts of the plaintiff’s declaration, were substantially the same in terms, and imposed the same obligation on the defendant in error.
This obligation was, that the plaintiff below should prosecute his suit to effect, and answer all damages, in case he made not his plea good. And the question raised upon this writ of error, and brought here for our advice, is simply this: If the plaintiff in a suit die, before final judgment therein, is the surety liable for the costs which had accrued at the time…
2Cited by1 opinion
- Johnson v. PeopleNew York Supreme Court · 1847