Kirn v. Bembury

Emily Bembury, plaintiff in the trial court, for personal injuries, obtained a judgment in the sum of $3,500 against Henry Kirn and Charley Elliott. The defendants filed a joint petition for a writ of error, which was granted. When the case was called, plaintiff moved to dismiss the writ as to both defendants, on the ground that the order granting the writ required the defendants, or some one for them, to give a joint bond, and only Henry Kirn executed a bond within the time specified by statute. Counsel for Charley Elliott admitted at bar that the execution of the bond by *896Henry Kirn was not…