Carmack v. Drum

The opinion of the court was delivered by

Mount, J.

This is an action to recover upon a supersedeas bond given in a case on appeal to this court. Plaintiff was nonsuited by the lower court, and appeals from a judgment thereon.

The facts in the case are substantially as follows: Bespondents Drum & Morgart were tenants from month to month of certain real estate belonging to appellant. On April 2, 1901, appellant brought an action for unlawful detainer against his tenants, Drum & Morgart, for the possession of the premises. A trial was had on June 25, 1901, in said action, and a verdict was…