Bortree v. Dunkin
Wyoming Supreme Court
Error to the District Court, Sheridan County; Hon. Carrorr H. Parmrrrr, Judge. H. C. Dunkin brought the suit in justice court against F. A. Bortree and A. W. Lindley on an undertaking given when appeal was taken from a justice of the peace, the appeal having been dismissed. Judgment was rendered for plaintiff and an appeal taken to the district court, where judgment was also given for plaintiff against said defendants and their surety, John Hecht.
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Error to the District Court, Sheridan County; Hon. Carrorr H. Parmrrrr, Judge. H. C. Dunkin brought the suit in justice court against F. A. Bortree and A. W. Lindley on an undertaking given when appeal was taken from a justice of the peace, the appeal having been dismissed. Judgment was rendered for plaintiff and an appeal taken to the district court, where judgment was also given for plaintiff against said defendants and their surety, John Hecht. Lindley was surety on the undertaking sued on. The defendants and their surety brought error. The material facts are stated in the. opinion. The…
1Opinion of the Court
Poitbr, Justice.
This action was brought in a justice’s court by the defendant in error against the principal and surety upon an undertaking given upon an appeal from the'judgment of a justice •■of the peace to the district court. The undertaking is set out in full in the written petition that was filed in the action, together with the affidavit on the bond of the appellant to the •effect that the appeal was taken in good faith and not for the purpose of delay, the affidavit of the surety justifying as such, and the indorsement of the justice approving the undertaking. The undertaking,…
2Cases cited17 opinions
- Railsback v. GreveIndiana Supreme Court · 1877
- Manning v. . GouldNew York Court of Appeals · 1882
- Meserve v. ClarkIllinois Supreme Court · 1886
- Wing v. . RogersNew York Court of Appeals · 1893
- Dunterman v. StoreyNebraska Supreme Court · 1894
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3Cited by1 opinion
- State v. FriendSupreme Court of Iowa · 1931