Smith v. Phillips

O’NIELL, O. J.

There is a motion to dismiss this appeal on the ground that the bond is not signed by any one as surety. Although there are three persons named as sureties in the bond, it is signed only by the appellants. Immediately below their signatures is an affidavit, signed by the three persons named in the bond as sureties, in which affidavit they say “that the surety on the above bond is worth the amount of same over and above all legal exemptions.” It can hardly be doubted that the signers of the affidavit, being named in the bond as the sureties, intended that their signatures should…