Kirkpatrick v. Munn

INZER, Justice.

This appeal involves the question of whether a surety on a supersedeas appeal bond to this Court is liable on the bond for a judgment rendered in the circuit court,, after the case which was appealed was affirmed by this Court as to liability but reversed and remanded for a new trial for the assessment of damages. We hold that the surety is not liable under such circumstances.

The facts involved were stipulated in the Circuit Court of Marshall County and were-submitted to the circuit judge for a decision-without intervention of a jury. The facts-as stipulated are:

The plaintiff,…