Iowa Cord Tire Co. v. Cheape

Motion to Dismiss Appeal.

LAND, J.

The defendant W. B. Hamilton has filed a motion to dismiss the appeal in this ease on the ground that the appeal bond is not signed by any surety.

S. M. Cook is named as surety in the appeal bond, and, although the bond is not signed by him as surety, yet there is an affidavit made by Mr. Cook and annexed to the bond, in which it is declared that he is surety thereon, and “that he is worth over, and above all his debts and obligations, in assets that can be subjected to levy under execution, the amount for which he has bound himself on said bond.”

This is a…