Deardorf v. Hildebrand

The opinion of the court was delivered by

Rogers, J.

— There is but one point which we ai’e called on to consider. Henry Picking executed the bond on which suit is brought, with the present defendant as his surety; and the defence is, that in consequence of a request which he made to Deardorf to proceed against Picking, &c., he, Hildebrand, is discharged from his liability. The plaintiff gave in evidence a judgment to the April Term, 1824, on a note,- with warrant of attorney from Henry Picking to Jacob Hildebrand, dated the 30th of March, 1824; Fieri Facias, and money made to the amount of one…