Chamberlain v. Brewer

Opinion by

Judge Hardin :

This case is here for the third time in this court on the appeal of the present appellants. The decision of the first appeal (3 Bush 561) was in effect, that if Watkins and other sureties of the sheriff were induced to believe that the name of D. L. Brewer, affixed to the bond before their own signatures, was his act and deed, and that the same was not his act and did not bind him, then their own attempted execution of the bond was not obligatory on them. A trial of the case in conformity to that decision resulted in a judgment for the defendants, which in an opinion…