Beaupre v. Schlosberg

This action of debt was referred under rule of court with the right reserved to both parties to except as to questions of law. It comes to this Court on exceptions to the acceptance of the report of the Referee.

The Agreed Statement of Facts upon which this case was submitted shows that a judgment debtor who was not a party to this *408action, having been arrested on an execution in favor of the plaintiff, was released on giving a bond, signed by himself as principal and by the defendant as a surety. The bond was in statutory form and contained the usual condition that the obligation should be…