Hubbs v. State ex rel. Kurtz

This was an action upon the bond of a township trustee, on the relation of his successor in office.

Upon the appearance of the appellants they moved to dismiss the action, “for the reason,” as stated in the motion, “that, the same has been paid off in the sum of $3,500, and that the costs of this action shall be adjudged against the defendants.” This motion having been overruled, issues were formed, which were tried by the court, the finding being against the appellants. The court having rendered judgment upon *182the finding, the appellants moved for a new trial, “for the following reasons:…