5 D.C. 674
Decided March 15, 1840
<p>If the appellant from the judgment of a justice of the peace, die pending the appeal, and no further proceedings are had in the cause for two terms thereafter, the sureties in the appeal-bond are not liable for the appellant’s not haying prosecuted his appeal with effect.</p>
Decided 1840-03-15
¶1Debt upon an appeal-bond in the penalty of $100. The breach assigned was in not.prosecut.ing the appeal with effect.
¶2The defendant pleaded that the appellant died pending the appeal, and that at the third tei;m after the death the appeal was abated and discontinued.
¶3Upon demurrer, judgment was rendered for the defendant.