W. J. Donnelly Co. v. Fidelity & Casualty Co.

The parties stand in this court in the same relative position as in the trial court.

The plaintiff, the W. J. Donnelly Company, brought suit against Abraham Goldberg and others and recovered a judgment against them in the municipal court of Lorain.

For the purpose of appealing that case to the court of common pleas, the present defendant, the Fidelity & Casualty Company, a corporation authorized to issue and execute bonds in the state of Ohio, executed on the 3d day of August, 1922, a certain appeal bond, which was on that day filed in the municipal court and duly approved. That bond, after…