Murdock v. Brooks

This is an action upon an undertaking given on an appeal from a District Court. The judgment in the Court below was for the plaintiff. It appears that the undertaking was given in an action in which one Calderwood was plaintiff, and the defendant, Brooks, and others, were defendants. The action was to recover the possession of real estate. Calderwood obtained a judgment, and Brooks, desiring to appeal and to stay proceedings, gave the undertaking in question for costs and damages, and for the value of the use and occupation of the premises, pending the appeal, with his co-defendants as…