Deaton v. Mulvaney

Smith sued Rose before a justice of the peace and obtained judgment. Rose appealed and gave Rule as surety upon the appeal bond in the Circuit Court. A rule was made upon Rose for other security, and in compliance with this rule, Deaton became additional security of record for the costs, as well those that had already accrued and those that might afterwards accrue. Upon the trial Rose was successful, and judgment was rendered against Smith for the costs. Execution was issued against him and returned nulla bona. Afterward A. P. Mulvaney, who had attended as a witness in the cause for Rose,…