CLEARY, Justice.
This case involves the liability of defendant Darling on a bond filed by him with respect to an appeal from the sustaining of plaintiff's demurrer to defendant Darling's cross bill in a foreclosure case. The bond in question was conditioned for the payment of "any damage that the Hardwick Trust Company suffer by reason of delay in terminating said foreclosure suit by reason of said Darling's appeal to the Supreme Court and otherwise abide by the court...
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