Andruss v. Stewart

10 N.J.L. 189

Opinion

Ch. Justice.

The question is, whether the bond is a substantial compliance with the law. We think it is; for although the infant may not be bound, competent security is given to the appellee — and if with such a bond the appeal be not allowed, the infant may be prevented from appealing altogether, for the guardian is not obliged and may be unwilling to enter into the appeal bond, and thereby render himself liable for the payment of the sum recovered and costs.

Peremptory mandamus ordered.