Andruss v. Stewart

10 N.J.L. 160

Opinion

Cu. Justice.

The question is, whether the bond is a substantial compliance with tho law. We think it is; for although the infant may not bo 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 reader himself liable for the payment of the ■¿fim recovered and costs.

Peremptory mandamus ordered.