Summary

Samuel Blatchford Estis v. Trabue — Opinion of the Court

There is nothing distributive in the judgment, so that it can be regarded as containing a separate judgment against the claimants and another separate judgment against the sureties, or as containing a judgment against the sureties payable and enforceable only on a failure to recover the amount from the claimants; and execution is awarded against all of the parties jointly. In such a case the sureties have the right to a writ of error.
Source: Wikisource

Samuel Blatchford Estis v. Trabue — Opinion of the Court

The supersedeas bond refers to the judgment as one rendered in favor of Trabue, Davis & Co., plaintiffs, against Estis, Doan & Co., claimants, and to the writ of error as one obtained by Estis, Doan & Co., claimants; and it purports to be executed by J. N. Estis and J. H. Doan, members composing the firm of Estis, Doan & Co., as principals, and by two sureties; and Trabue, Davis & Co. are named as the obligees.
Source: Wikisource

Samuel Blatchford Estis v. Trabue — Opinion of the Court

B. F. McRae, def't, Estis, Doan & Co., cl'm'ts.' The judgment sets forth that the jury returned as their verdict that they found 'for the plaintiffs,' and made 'the following estimate of the property,' specifying it by items, substantially as in the return of the sheriff to the attachment and in the affidavit of claim made on behalf of the claimants, but with different estimates of valuation.
Source: Wikisource

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