07 MEE ATE 407 .2SEMEgig&a, 304, ImS. MEmea620 Isouutgoitto lap oinnigns erxgraintt . ,sdrtrws„, mitailianD Atierimm . firain Warlingiton Circuit COurt. same. Am mppeall Ihend mud The monditiened,, to pay `" the 4100„ (drinsaigee, actete in mane the jedgueent df Whet &hil l= Comet Ine man-fume& Telt, iift iha (exadt menfeniniity avieh the atonal:1A, iit . maal The rend ii min- • prahanded (evarY eeeeflteailIneWation iim tehe tntante.. A Mtiipulation ""to pay annih MUM cffimwieae buUI1 the . ffinally atudgedmigaiimit the maild deffendamtk, orthem,;" iis ant aniffinient. . . tana,, for tile awake. meted to ainiissiflis Am p for'vnit Or fp ster nienl ntectsiiiizance. • • • • 212.APIVALT" Cocacir., 'Etna maarEpt , (contra: RiNG0 h /Li e dieed the (*Trion diThe t ourt: The Ap. defendants in the Coma below,prayeil ;an appealfroin Aged& anent tagaind itbem, in fa vui of tbe ;appellee, in the Walai " n gton Circuit (Gond, *Ili& tires granted; and, Meneupon appeatedinasidWaiker 44;and 'lllien4CtilaAon,aijdzadkin3w3eked Themselves tinowe and Ibe 46 indebted onto Jesse Aliiks, gii irtfiff in this saiit„ in the smm Of two ("bandied :and 0.4 tto lbe Ilevied ecif Iheir ntegedive goods and 'aihalttels; lands :arra tenements, to Ibe wnid Inpon conkfion ittiq 456 pay rasa sum cif money ;as filhall lbefrnal sifjudged againat ithesiaid ("defendants orthern.' -.A ontion bas been made , iby the ;appellee to disiniss &is appem, - tupon Mir e girouni leirait the )1i:cognizance is insdadient. 'The lita-tutesif neCts the (Cond to 'inquire or the !part, ppealing; defendant, krecoanizinee nivigb one or inane secinities, in ;a sum sciffidierit Ito , wer mimeo& Tor %Ail& Judgment lhas lbeen given, tcgethei- itla the coidkithat amnia or that ;may amine 1by stteh ;appeal, Coal-itioneditanit the Appeillaait ihall pay mile "iaelst *rammer,. And ce,ttii:ti: in ciee the jiiitgarankaaf the infenior Count AO Ihe Confirmed Supreine Cond. See .213ig. j p. 344. It is azilniitted thatthe irecognizance taken in this caie iisoot an !Shia am M : ance with ithat presmiibed lby the :Stade; Int the appellants inait that it is' As compreheniive, And :secures ito fie Appellee (every benefit kiich lhe cotild &live from onetaken in exadtmonforniitywsith the providiona ofithe sitatnte, and consequently that ilt is ;as good. lifthe oundifion„thonannit in the 4anguage <cif ithe/datitte„compre-lhend eer essential dation mresciihed in it, meihould consider .
134 CASES IN THE SUPREME COURT LITTLE ROCK, it sufficient; but we think this does not. The stipulation " to pay July, 1838. such sum of money as shall be finally adjudged against the said de-BALLARD fendants or them," in our opinion differs essentially from that .pre-vg. No AKE, . scribed by the statute, to "pay the debt or damages and costs, in case the judgment of the inferior Court shall be ' confirmed by the Supreme Court," and makes the legal liability of the parties to the recognizance depepd upon a condition entirely diGrent from that prescribed by law, and although it may be possible that the appellee, if the judgment beloW should be affirmed, could recover of these securities his damages and costs, upon this recognizance, his remedy against them would be more difficult and less certain than if their liability had been made to depend upon the condition prescribed in the statute, the provisions of which are plain, and evidently intended to furnish in all cases a clear and adequate security to the plaintiff' for his debt, or damages and costs, if the judgment should be affirmed; and we are not prepared to sanction a practice by which the liability of the securities can be made to depend upon any condition other than that prescribed in the statute, or any departure therefrom be permitted in any essential part. This recognizance is also objectionable, upon the ground of uncertainty appearing on the face of the condition thereof. Therefore, the motion to dismiss must be sustained, and the appeal dismissed, with costs.
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.