Paine v. Cowdin
34 Mass. 142 | Mass. | 1835
If the order allowing the appeal had been unconditional, it would have vacated the decree ; and the. condition of the order having been performed by Davis and wife, the effect is the same as if the order had been unconditional. The decree being thus rendered inoperative, the neg lect of the administrator to comply with it was not a breach of his bond.
Plaintiff nonsuit