Martin v. W. D. Gibson & Son

The defendant in error obtained a judgment in the justice of the peace court, and in due time the defendant appealed to the district court by giving an appeal bond with plaintiffs in error, W. O. Martin and J. D. Hibdon, as sureties. Thereafter judgment was rendered for plaintiff in the district court, and notice was given to the sureties of plaintiff’s motion for judgment on the appeal bond, pursuant to section 1032, O. S. 1931.

The sureties appeared in the district court and their motion for judgment on the pleadings was sustained. From that judgment the plaintiff appealed to this court, and…