
    Triplet vs. Gray.
    Although the condition of a bond may not embrace every tiling required an act of assembly to be stipulated in said condition, nevertheless, a judgment may be rendered on it to the extent of the condition, or commensurate with the undertaking of the party.
    Triplet obtained a judgment against Gray before a magistrate. Gray afterwards applied for, and obtained a certiorari, returnable to the circuit court of Monroe county, and gave a bond with Mr Gray as his security, the condition of which was as follows: “The condition of this obligation is such, that, whereas, the above James Gray having prayed and obtained an order from Joseph Marshall and John S. M’Kinney, Esqrs. that writs of certioiari and supersedeas should issue to stay all further proceedings in, and remove to the circuit court of Monroe county, a judgment obtained by said Triplet against said Gray for twenty-five dollars and costs, which was adjudged before Jas. Calloway, Esq., wherein said Thomas Triplet was plaintiff, and said Gray defendant. Now if the said Jas. Gray shall prosecute said certiorari with effect, or in casé he be cast therein, or the same be dismissed, that he will abide by, perform and 'fulfil the judgment, sentence or decree of the said court therein, unless this said cause and the proceedings shall be legally removed to some superior court, then this obligtaion to be null and void: otherwise, to remain in full force and virtue.”
    The certiorari was, upon motion, dismissed, and judgment rendered against the petitioner for the amount of the judgment below, with twelve and a half per cent, interest. The plaintiff, Triplet, also moved the court for judgment against the security in the certiorari bond, which judgment the court refused to give, upon the ground that the condition of the bond was not conformable to the provisions of the statute directing it to be given. Whereupon, the plaintiff appealed in error to this court.
    
      
      Jarnagin for plaintiff in error.
    
      J. O. Cannon for defendant.
   Green, J.,

delivered the opinion of the court.

The condition in the bond is sufficiently-broad to cover the state of facts presented in the record. Although the condition of a bond may not embrace every thing required by the act of assembly to be stipulated in such condition, nevertheless, a judgment may be rendered on it to the extent of the condition, or commensurate with the undertaking of the party. This has been the constant practice of this court, when "appeal bonds are required to be conditioned for the payment of debt, damages and costs. If the condition be for the payment of damages and costs, we give judgment to that extent only; and if for costs alone, the judgment will be but for costs. 2 Yerg. Rep. 83: 3 Yerg. Rep. 4 Yerg. Rep. 198, 496.

The circuit court erred in refusing to give judgment on the bond against the security, and therefore the judgment must be reversed, and such judgment rendered as the circuit court ought to have given.

Judgment reversed.  