Baker v. Shultz

The opinion of the Court was delivered by

Manning, J.

The judgment in this case was signed June 28, 1882, anda suspensive appeal therefrom was granted July 3d, on the defendant’s giving bond with good and solvent surety, u conditioned according to law in the sum fixed bylaw.” Bond was executed July 5th for ten thousand dollars.

On November 5th following, the plaintiff, suggesting the insolvency of the sureties, at the time the bond was given, took a rule to test its *525sufficiency, and an order was made to shew cause why it should not be adjudged that the appeal was never effected and completed,…