Sutton v. Hay

ALSCHULER, Circuit Judge (after stating the facts as above).

It is contended for plaintiff in error that under the state of the pleadings plaintiff in the actidn was not entitled to a judgment against her. In our view of the case it will not be necessary to consider the technical pleadings, and hence we do not set them out as fully as would otherwise be done. It is apparent from what is before us that, if the appeal was dismissed in pursuance of the agreement referred to in the pleadings, the cause must ultimately turn on the question whether by such dismissal the surety upon the bond is…