MR. CHIEF JUSTICE WAITE delivered the opinion of the court.
This motion is denied on the authority of Jerome v. M'Carter, 21 Wall. 17. Neither the circumstances of the case, nor of the parties, nor of the sureties on the bond have changed since the security was taken. All these things are now as they were then.
We do not understand the case of Nichols v. MacLean, 98 N.Y. 458, to decide that the guarantee by the Fidelity and Casualty...
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