Krause v. Rutherford

This action is to recover on an undertaking, executed by James R. Rutherford as principal, with the defendants Smith and Wood as sureties for said Rutherford. The undertaking was given to obtain an order of arrest against several defendants named therein, charged with criminal negligence in over-driving and injuring a team of horses owned by the defendant Rutherford. James R. Rutherford was the plaintiff in the original action against the present plaintiff, who was one of the defendants in said action. The plaintiff was taken by the sheriff, upon said order of arrest, and was imprisoned from…