We - have decided that such a bond is defective. (6 Cowen, 585.) The consequence is, that the O. P. had no jurisdiction ; and might dismiss or quash the appeal at any time. (Ibid. id. 592, 593.) The principle which sanctions a dismissal upon the trial, extends to every stage of the cause. The C. P. wanted jurisdiction, and had a right to dismiss the cause, therefore, without regard to what the parties may have done in it.
Motion denied.