Majority
p. 151Enos and another vs. Foster.
Headnote
On bringing error to reverse a judgment of the common pleas rendered upon certiorari to a justice’s court, the party prosecuting the writ must give security, notwithstanding the provision in 2 R. S. 597, § 31.The plaintiffs brought error to reverse a judgment of the Monroe common pleas, rendered upon certiorari to a justice’s court, but gave no bail in error. And now
p. 152
-, for the defendant,
moved to supersede or quash the writ, and cited 2 R. S. 595, §§ 26 to 30.
H. H. Martin, contra,
said the sections cited were not applicable to writs of error brought for the reversal of decisions made on certiorari. He cited and commented on 2 R. & 597, § 31. But
was of opinion that the case was within the general rule requiring security to be given on bringing writs of error, and that the motion should therefore be granted.
Ordered accordingly.[1]
(a) (a) See Sess, L. of 1836, p. 794, § 2.