Gayoso v. Hickey

The facts are fully stated in the opinion of the court, delivered by

Porter, J., The plaintiff, by motion made in the court of the first instance, sought to make the defendant responsible for the amount of an appeal bond which he had executed as surety of one Wikoflf. The execution which issued against the principal has the following return endorsed by the sheriff: “ nothing made, nor no property found of defendant’s; and this writ expiring, the same is returned.” It is contended this return, not being such as the law requires, it offers no evidence of the fact on which the surety is…