Fizette v. Phillips

[729] This is an appeal from a judgment enforcing the liability of Mutual Commerce Casualty Company, in the sum of $1065.80, as surety upon a supersedeas- bond given in this ease on a former appeal by Robert D. Fizette, Carter E. Fizette and Helen Fizette Hilsinger [for brevity sometimes hereinafter referred to as the Fizettes] from the Circuit Court to the Supreme Court. That appeal having been voluntarily dismissed, Rawlins Phillips, the obligee in the bond, filed his motion in the circuit court for judgment thereon under Sec. 134 of the Civil Code, 847.134 Mo. R. S.. A. (All references to…