Appeals — Bond — Condition — Prosecution with effect — Order of court below set aside — Return of collateral.
Where, in an action to recover a sum deposited by plaintiff with defendant as collateral for an appeal bond in a case in which plaintiff had been the defendant and in which he had been directed to pay a specified sum to the plaintiffs, it appeared that the bond had been conditioned that plaintiff should prosecute the appeal with effect; and that on appeal the appellate court had set aside the order of the court below, without prejudice; it was Held that the condition in the bond had been satisfied and that plaintiff was entitled to the return of his collateral.
OPINION PER CURIAM, January 2, 1951:
The judgment is affirmed on the opinion of the court below.