Whaling v. Shales , 20 Wend. 673 ( 1839 )

By the Court, Bronson, J.

The proceedings are irregular where there is only one surety : see 18 Wendell, 581, and 19 id. 632 ; and it is going quite far enough to save the action, by allowing an amendment on payment of costs of the motion. The proceedings must be set aside, unless the plaintiff executes & sufficient bond nunc pro tunc, and the sureties justify.

Ordered accordingly.