10 Wend. 619
Decided February 15, 1834
New York Supreme Court · decided 1834-02-15
This was a motion to supersede a writ of error, for the cause that the sureties of the plaintiff in error, in their affidavit of justification, did not state that they were each of them worth double the amount of the penalty of the bond filed upon the suing out of the writ of error; the affidavit stated that they were each worth the sum specified in the penalty.
Cited by 3 later decisions — most recently November 1875
3 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1834-02-15
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¶1But,
¶2the law is positive in its requirements ; and though the security seems unreasonable in amount, we cannot gainsay the statute; the remedy must be applied by the legislature. The party here should not, however, lose his writ of error, and we therefore will give him time to justify anew, on paying the costs of this motion.