Stoll v. Padley

<p>Bond on certiorari — Liability of surety — Judgment.</p> <p>1. Plaintiffs recovered a judgment in justice’s court, which was reversed on certiorari, and the judgment of the circuit court was in turn reversed in the Supreme Court, where the justice’s judgment was affirmed, with the costs of both courts. The bond given in the certiorari proceeding did not conform to the statute, but was conditioned to pay any judgment rendered against the defendants in the circuit court. And it is held that the liability of the surety on said bond cannot be extended by construction, and a motion by the plaintiffs for the entry of a judgment against the surety is denied.</p> <p>2. And it is further held that an application to change the form of the judgment entry in the Supreme Court, so as to empower the circuit court to enter judgment, comes too late; that the proper practice would have been to ask for a new bond in that court, but, instead of doing so, the plaintiffs have taken out an execution upon the judgment sought to be changed.</p>