Glass v. Carey

BEAT, J. —

This suit was instituted to recover from the defendant the amount plaintiffs paid for him as his sureties. An attachment was sued out and a plea in abatement filed. Upon trial of the issues made by the plea in abatement, the jury returned a verdict in favor of the defendant. A motion for new trial was filed, and the same was overruled, and plaintiffs appealed.

We have carefully examined the abstract of the record, and the copy of the judgment and order allowing the appeal on file in this court, and if the case was ever tried on the merits, there is nothing in the abstract or records…