Bailey v. Rosenthal

This was an action commenced before a justice of the peace,where plaintiff had judgment, from which the defendant appealed to the.Circuit Court.

During the pendency of the case in the Circuit Court, the plaintiff took a voluntary non-suit, which during the term was, by the consent of the parties, set aside without consulting the sureties on the appeal bond. The case was tried and resulted in a judgment in favor of the plaintiff, which was entered up against the defendant and his sureties in the appeal bond. The defendant and one of the sureties in the appeal bond appealed to the General Term,…