
    *Uriah Van Riper vs. William Scott. [*315
    If a party obtain the dismission of an appeal on the ground of the insuffi-cioncy of the appeal bond, he cannot afterwards prosecute the bond as a valid bond.
    
      P. Vanarsdale, Jr.,
    
    applied to this court for a mandamus to be directed to the Court of Common Pleas of the county of Essex, to require them to deliver to the appellee an appeal bond, for the purpose of prosecution; and laid before the court, as the ground of his application, an affidavit, which disclosed these facts, viz : “ That the appellee had applied
    to the Court of Common Pleas to dismiss the appeal, because-the bond was not in double the amount of the judgment appealed from; that the court sustained the motion and dismissed the appeal; that the appellee then applied for permission to take the appeal bond from the files for the purpose of prosecution; which application the Court of Common Pleas refused.”
   Per Curiam.

The party obtained the dismissal of the .appeal upon the ground of the insufficiency of the appeal bond. He could not then turn round and apply to have the bond to prosecute as a valid bond.

Motion denied.  