United States Supreme Court Cases & Opinions

U.S. Supreme Court

Sessions v. Pintard, 59 U.S. 18 How. 106 106 (1855)

Sessions v. Pintard

59 U.S. (18 How.) 106

Syllabus

Where there was a decree in the court below for the payment of a certain sum of money, land being held as security, from which decree an appeal was taken, the sureties upon the appeal bond are not entitled to a pro rata credit upon their responsibility, the land having proved insufficient to pay the amount of the decree.

The entire proceeds of the sale of the land must be deducted from the amount of the decree, and the sureties upon the appeal bond must be responsible for the balance.

This was a sequel to the case of Goodloe's Administrator v. Pintard, decided in this Court and reported in 53 U. S. 12 How. 24. The subsequent proceedings are stated in the opinion of the Court.

Page 59 U. S. 107