Sutton v. . Davis

The question involved: Whether the surety on a bond given 4 August, 1928, under C. S., 1526, upon appeal from judgment rendered in justice’s court to the Superior Court, is relieved from liability by discharge in bankruptcy of his principal, obtained while the appeal was still pending, and pleaded in bar of recovery at the time of trial in the Superior Court? We think so.

0. S., 1525, provides for stay of execution on appeal. C. S., 1526, is as follows: “The undertaking shall be in writing, executed by one or more sufficient sureties, to be approved by the justice or clerk making the order,'…