Marcy v. Russ

1 Root 176

Opinion

And

by the Court.

The bond with surety which is to be lodged with the clerk upon taking out execution on a judgment by default, against an absentee, is altogether in favor and for the security of the debtor, provided he returns into the state and seeks redress within a twelve month; but the creditors of such absentee cannot take advantage of it, the execution and levy therefore, are good and valid, as to all other persons besides the debtor.