Bragg v. Cason

Decided December 31, 1853

Indiana Supreme Court · decided 1853-12-31

<p>Proceeding by a surety against his principal, under c. 51, R. S. 1843, by notice and motion. The notice recited the recovery of judgment by A. against B., as principal, and 0., as surety, in the Union Circuit Court, the payment of the judgment by C., and the notice given by the surety to the principal to show cause, &c. Held, that the statute had been substantially pursued.</p>

Decided 1853-12-31

Stuart, J.

¶1This was a proceeding by a surety against his principal, under c. 51, R. S. 1843, by notice and motion. The notice recites the recovery of judgment by one Burt against Bragg, as principal, and Cason, as surety, in the Union Circuit Court, the payment of the judgment by the surety, and notifying Bragg to appear and show cause why, &c. Cason recovered in the Court below. We think the provisions of that statute—the 8th and 12th sections—have been substantially pursued.

Per Curiam.

¶2The judgment is affirmed, with 5 per cent, damages and costs.