Delamater v. Byrne

57 How. Pr. 170

Opinion

Lawrence, J.

If it be conceded that, under section 1327 of the Code of Civil Procedure, an undertaking with one surety may be received as sufficient, the matter is purely within the discretion of the justice to whom the undertaking is submitted for approval; and I, therefore, deem it sufficient to say, that in this case, I see no reason for departing from the ordinary course of practice, which requires two sureties. The undertaking must, therefore, be rejected.