Sneed and Others, in Error v. Wister and Others, in Error
Supreme Court of the United States
Error to tbe Circuit Court of Kentucky. This was an action of debt, brought in the circuit court for the district of Kentucky, by the defendants in error, against the plaintiffs, upon a bond in the penalty of $4000, with condition, that the said A. Sneed should prosecute with effect his appeal from a judgment of the Franklin circuit court, pronounced in a suit wherein the said Wister and others were plaintiffs, and the said A. Sneed was defendant, and should well and truly…
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Error to tbe Circuit Court of Kentucky. This was an action of debt, brought in the circuit court for the district of Kentucky, by the defendants in error, against the plaintiffs, upon a bond in the penalty of $4000, with condition, that the said A. Sneed should prosecute with effect his appeal from a judgment of the Franklin circuit court, pronounced in a suit wherein the said Wister and others were plaintiffs, and the said A. Sneed was defendant, and should well and truly pay to the said obligees, all such damages and costs as should be awarded against him, in case the said judgment should…
1Opinion of the Court
WashihgtoN, Justice,
delivered the opinion of the court; and after stating the case, proceeded as follows: — Whether the replevin-bond entered into by A. Sneed, in the clerk’s office of the Franklin circuit court, could be pleaded in bar of the action on the appeal-bond, is a question which this court would feel no hesitation in deciding, could we have succeeded in our efforts to obtain the act or acts of the Kentucky legislature which authorized the giving such bonds. The same reason prevents this court from giving an opinion as to the alleged insufficiency of the first plea, in not setting…
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