Citation Numbers: 40 Tenn. 627
Judges: McKinney
Filed Date: 12/15/1859
Status: Precedential
Modified Date: 7/30/2022
delivered the opinion of the Court.
The plaintiff in error-seeks to be discharged from liability as stayor of execution, on a judgment obtained by the defendants in error, before a justice, against Thompson and others.
• He states in his petition for a certiorari and supersedeas, that he went to the office of the justice, at the request of Thompson, after the expiration of the two days allowed by
There is no error in the judgment. The subsequent assent of the judgmeut creditor to the stay of exection, after the lapse of two days, and of the justice to accept the petitioner as stayor — manifested by their acquiescence — was as effectual to bind the stayor, as if their previous consent to the act had been expressly given. But again : the effect of the forfeiture of the delivery bond was equivalent to a judgment against the petitioner : after which — all other questions aside- — he is estopped thereby from gainsaying his original liability as stayor.
Judgment affirmed.