Holmes v. Ohm
HOLMES v. OHM
- Area
- civil
- Panel
- Crocker (author)
Analysis
No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.
Opinion — Crocker
Crocker, J.
delivered the opinion of the Court—Norton, J. concurring.
This Is an action upon an undertaking on appeal. The defendants demurred to the complaint, on the ground that it did not aver any delivery. The complaint avers that the defendants executed the undertaking sued on, copying the same in full into the complaint, with the indorsement thereon, showing that the undertaking was filed in the Clerk’s office on the twenty-seventh day of March, 1862. This is clearly sufficient to entitle the plaintiff" to recover thereon. These undertakings are not required by the statute to be delivered to the obligee when executed, but to be filed in the Clerk’s office, for the use and benefit of the parties entitled to them.
The judgment is therefore affirmed.