Majority
p. 119Ex parte Lassell.
Headnote
Jake Ulma, having taken an assignment of a note payable to one Sterling in specific articles, against the relator, *sued him before a justice of St. Lawrence county, in Sterling’s name as plaintiff. The justice gave judgment in favor of Lassell. Jane Ulma appealed to the C. P. of St. Lawrence; and the appeal bond was not executed by Sterling, but by Jane Ulma and a surety. The bond ran, “ Jane Ulma, assignee of James Sterlingand was conditioned (inter alia) that if judgment should be against Sterling, she should pay it, with costs of appeal.Lassell moved the 0. P. to quash the appeal, on the ground that the party appellant had not signed the bond. The motion being denied,
An appeal bond may bo executed by the real, as well as the nominal party; e. g. the assignee of a note not negotiable, who sues in the name of the assignor, against whom judgment is given by the justice.
p. 120
A motion was now made for a mandamus commanding the C. P. to grant it.
M A. Graham, for the motion,
The motion must be denied. We have decided, generally, that the party appealing must execute the appeal bond ; but this may be the real as well as the nominal party. It is not confined to the party on record. The C. P. were right, and the motion must be denied. •
Motion denied.