O'Neale v. Long

Bond. — Alteration.—Surety. If a bond be executed -by O., as a surety for S., to obtain an appeal from the judgment of a justice of the peace, in Maryland, and the bond' is rejected by the justice, and afterwards, without the knowledge of O., the name of W. be interlined as an obligor, who executes the bond, and the justice then accepts it, it is void as to O.1 Long v. O’Neale, 1 Cr. C. C. 233, reversed.

Error to the Circuit Court of the district of Columbia, sitting in Washington, in an action of debt upon four joint and several bonds, signed and sealed by Mary Sweeny, as principal, and William O’Neale, I. T. Frost and Lund Washington, as sureties, conditioned that she should prosecute her appeal upon four several judgments rendered against her by a justice of peace, in Maryland. William O’Neale, the defendant below, pleaded non est factum, and upon the trial of that issue, took a bill of exceptions, because the court below (two judges only being present, and divided in opinion) did not, at his request, instruct the jury, “ that if they should be satisfied by the evidence, that the bonds were signed, sealed and delivered by Mary Sweeny, as principal, and I. T. Frost and the defendant, as her sureties, and were afterwards presented to C. C. (the justice who had rendered the judgments) for his approbation and acceptance of the securities, and were by him refused and rejected, and after such rejection, were interlined, without the license, privity and knowledge of the defendant, by inserting the name of Lund Washington, as a co-obligor, who, on the succeeding day, without the privity, knowledge and consent of the defendant, signed, sealed and delivered the bonds, which were afterwards approved of by the justice, that then such interlineation and execution of said bonds, by Lund Washington, rendered them void as to the defendant, and the plaintiff cannot recover in this suit.” By the act of Maryland, 1791, c. 68, § 5, no execution upon a judgment of a justice of peace shall be stayed by an appeal, unless the person appealing, or some other in his behalf, “ shall, immediately upon making such appeal, enter into bond, with sufficient sureties, such as the justice by whom judgment shall be given shall approve of, in double the sum recovered, with condition,” &c.