American Mutual Liability Insurance v. Blodgett

Even though the words “ costs and damages ” under the context of the undertaking here might be interpreted to *817include appellant’s disbursements upon appeal, the use of the words “ costs and disbursements ” provides the acceptable form. Section 159 of the Municipal Court Code requires the payment of “ all costs and disbursements awarded against him on the appeal.” In any event, plaintiff appellant’s exception should have been sustained and justification of sureties disallowed as surety Kremsdorf’s testimony was insufficient in respect of his own worth and insufficient and incompetent in…