
    J. Wallace v. Richard Scoles.
    Appeal bond valid, though an attorney in the cause is one of the securities. Such an attorney punishable for violating the rule of court.
    This case was adjourned from the county of Knox. It was a motion to set aside an order, made in the Supreme Court, quashing the appeal in the cause from the court of common pleas, on the ground that one of the attorneys in the case was one of the securities in the appeal bond.
    *Curtis, for the motion.
    Brown, Goddard, and Converse, against it.
   By the Court:

We believe it was error to quash the appeal, though the attorney joined in the bond, in violation of the rule of court of 1831. This conduct on the part of the attorney was a contempt of the court, for which he might be punished. But the bond must be held valid for the benefit of the appellee, otherwise the attorney may escape a legal responsibility voluntarily undertaken, and thus obtain advantage by his own wrongful act. The order to quash is set aside, and the appeal reinstated.  