Opinion
January, 1920.
Interlocutory and final judgments reversed, with costs, on the ground that the issuance and return wholly or partly unsatisfied of an execution is not a condition precedent to the liability of the sureties on the undertaking on appeal. The demurrer is overruled, with ten dollars costs, with leave to defendants to withdraw the demurrer and answer upon payment of costs within twenty days. Jenks, P.J., Putnam, Blackmar, Kelly and Jaycox, JJ., concur.