[Reusens SCOTUS Case (1885)] whole of the property attached ; that upon such application the Mexican National Construction Company gave and filed an undertaking with two sureties ; that on the 14th day of February, 1884, the attorneys for said Reusens excepted to the sufficiency of the sureties, and thaton the 20th day of February, 1884. de- ponent, on behalf of said Construction Com- pany, offered in) open Court a new ander- taking, executed by the Fidelity and Casualty Company as surety; that the said Ren- sens then and there objected to such new undertak- ing on the grounds, first, that there should be two sureties, and second, that the undertaking was de- fective in form, for that the Fidelity Company bad executed the same as surety, whereas it was by law anthorized to guarantee the performance of its conditions only. That the Court overruled the first objection and sustained the second, with leave to deponent to remedy the defect. That therenpon and on or about the 23d day of Feb- ruary, 1884, deponent.