Majority
p. 383M. Mount, by her next friend, vs. Mount.
Headnote
Where a bond for costs, in the penalty of $250, with sureties, is required to be given in a suit, the sureties respectively must justify in double the amount of the penalty of such bond.This was an appeal, from the decision of a vice chancellor, in relation to the amount in which the sureties of the next friend should justify, upon an order requiring him to give security for costs.
T. S. Brady, for the appellant.
P. Dow, for the respondent.
decided that, under the existing laws' relative to the exemption of property from execution, a person who was not worth more than $250 was not good security for costs. He said that where a bond for costs in the penalty of $250 was required, the sureties, respectively, should be required to justify in double- that amount-; to render it probable- that the amount of the penalty of the bond could be collected of either or both of the sureties upon execution.
Order accordingly.