Dailey v. Sawatzky

This is an action brought by Maud Dailey against Gus Sawatzky, B. C. Sawatzky, and Edwin Wollman to recover on a supersedeas bond.

No service was had on defendant Gus Sawatzky, principal on the bond. The case went to trial as to defendants sureties alone. The trial court entered judgment in their favor on the pleadings.

Plaintiff appeals and assigns this ruling as error.

Plaintiff in her petition, in substance, alleges that on the 28th day of December, 1945, in a forcible entry and de-tainer action then pending in the county court of Custer county, plaintiff, Maud Dailey, recovered judgment…