Dygert v. Steele

This is an application for a writ of mandate against the Honorable Edgar C. Steele, Judge of the Second Judicial District.

The ease arises out of the case of West v. Dygert just decided by this court. The petitioner, Dygert, claims that a certain bond filed by him in the first appeal of West v. Dygert, 13 Ida. 641, 92 Pac. 753, serves as a stay or supersedeas bond in this case, and that the trial court improperly entered judgment against the sureties on the undertaking for the amount of the original judgment in the case of West v. Dygert. Two questions are presented. One is as to whether or…