
    Thomas T. Stephens et al. vs. William S. Hood.
    A writ of error bond is only necessary when it is to operate as a supersedeas; where, therefore, the judgment is against the plaintiffs in execution, in a trial of the right of property, there being nothing to supersede, there is no necessity for a writ of erior bond.
    In error from the circuit court of Warren county; Hon. George Coalter, judge.
    A motion was made in this court to dismiss the writ of error in this case, for the reasons set forth in the opinion of the chief justice.
    The case below was the trial of the right of property levied on under execution, in favor of Thomas T. Stephens and John L. Chapman, against William L. Ellis, and which was claimed by the defendant, William S. Hood; in whose favor the jury found a verdict; and Stephens arid Chapman prosecuted this writ of error, without giving bond.
    
      Guión and Downs, for the motion to dismiss.
    
      George S. Yerger, contra.
    
   Mr. Chief Justice Sharkey

delivered the opinion of the court.

A motion is made to dismiss this case; 1st, because there is no writ of error; 2d, because there should be two parties plaintiffs in error, and but one party, to wit, Stephens, is appellant; 3d because there is no appeal bond, legally executed, filed in the case; and 4th, because there is no citation returned.

The cause must be dismissed unless it is made to appear, that a writ of error issued, and in that case if it be mislaid, the parties can take an alias.

It is not true in point of fact that but one party has appealed. The citation is in the name of both. ,

An appeal bond, or rather a writ of error bond, is only necessary when it is to operate as a supersedeas. In this case, the judgment is against the plaintiffs in execution, and there is nothing to supersede.

There is a citation directed to the sheriff of Washington county, which is returned by the sheriff, “ executed.” This is sufficient.  