Newland v. Willetts

1 Barb. 20

Opinion

Edmonds, J.,

decided that the motion to set aside the writ was regular; but that, as it is usual to allow a new bond to be filed, and as one had been filed, he should deny the motion of the defendants; their costs of the same, $10, to abide the event of the suit; the plaintiff to have no costs in any event. And the defendant to have the usual time to except to the sufficiency of the sureties in the new bond.

(a)

See 2 R. S. 556, §§ 33, 34.