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Case No. 7,251.
JEFFERS v. FORREST.
[5 Cranch, C. C. 674.]1
Circuit Court, District of Columbia.
March Term, 1840.
APPEAL BOND—DEATH OF APPELLANT—LIABILITY OF SURETIES.
If the appellant from the judgment of a justice of the peace, die pending the appeal, and no further proceedings are had in the cause for two terms thereafter, the sureties in the appeal-bond are not liable for the appellant's not having prosecuted his appeal with effect.
Debt upon an appeal-bond in the penalty of $100. The breach assigned was in not prosecuting the appeal with effect. The defendant [Joseph Forrest] pleaded that the appellant [Madison Jeffers] died pending the appeal, and that at the third term after the death the appeal was abated and discontinued.
Upon demurrer, judgment was rendered for the defendant.
1 [Reported by Hon. William Cranch, Chief Judge.]
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