Dimmitt v. State Ex Rel. Milburn

The sole question for determination is whether a suit can be maintained upon a supersedeas bond under the circumstances of this case to compel the payment of the judgment in the original bastardy proceeding to the amount of the penalty of the bond. The petition fully pleads the bond, its execution and breach, and the answer admits the execution of the bond and the affirmation of the judgment in the Court of Appeals, and pleads by way of new matter that, after the affirmance of the judgment in the Court of Appeals, Dimmitt surrendered himself and was committed to the county jail of Grreene…