Marr v. Bell ( 1808 )

Per Curiam.

It does not lie in the month of the appellant to take exception to the manner in which his own appeal was brought up, such an exception as this, is similiar to a person taking exception to his own declaration, or other pleading ; a proceeding never known in practice. If the appellee be satisfied without security, for which the bond was intended, the appellant cannot complain, nor make it an exception.—The original bond is sent up, but we cannot give judgment on that. A copy should have made a part of the record sent, and the original should remain in the county court.

The appellee was willing to take judgment against the principal, without the securities, which the court directed.