Hodges v. Mills

The appellant, D. G. Hodges, instituted this suit against W. D. Mills, a justice of the peace of Perry county, and the United States Fidelity & Guaranty Company, surety on the official bond of said W. D. Mills, to .recover damages fori the breach of the conditions of this bond, and from a judgment sustaining a demurrer to the declaration and dismissing the suit this appeal was prosecuted.

The declaration avers that one John W. Hodges, desiring to borrow from the plaintiff the sum of one thousand two hundred and fifty dollars for the purpose of paying an attorney’s fee, executed and tendered to…