Anderson v. Zimroff

Defendant in error brought a suit against plaintiffs in error and obtained a judgment against them as sureties on an appeal borid, The appeal was takep to this court and dismissed for failure to file the record within the time prescribed by statute. After the dismissal -and before institution of this suit a writ of error was sued out in this court to review such judgment and was made a supersedeas. These facts were set up as a defense in defendants’ affidavit of merits, together with the fact that defendants had paid the costs and damages accruing in this court on such appeal. The affidavits…