Ex parte Hawks

Headnote

On appeal from a judgment rendered before a justice in favor of H. q. t. the overseers of the poor; held, that the appeal bond must run to H. alone; not to him and the overseers.

JUDGMENP being rendered in a justice's court, against the relator, at the suit of Cassicly, who sued as well for himself as for the overseers of the poor of the town of Milo

jn Yates county, the defendant appealed to the Yates C, P. The appeal bond was, “ Know all men, &e., that we, Nelson P. Hawks, &c., are held, &c., unto Jeremiah Cassidy, and overseers of the poor of the town of Milo, Yates county.” The C. P., holding that the bond should have run to Cassidy alone, quashed the appeal.

A motion was now made in behalf of the appellant for a mandamus commanding the C. P. to set aside their rule quashing the appeal; and proceed in the cause.