Eccles v. United States Fidelity & Guaranty Co.

Ames, C.

Defendant in error signed, as surety, the official bond of one W. H. Walker as a justice of the peace. This action was brought upon the bond against Walker and his surety *735to recover the statutory penalty* of $50 for an alleged receipt by the former of illegal fees in his official capacity. The defendants answered separately, and there was a trial and verdict for the plaintiff. Upon motion the court set aside the verdict and granted a new trial as to the surety, but denied a like motion by Walker. Afterwards the court sustained a motion by the surety to dismiss the action as to it, on…