People ex rel. Doran v. Butler

This action is brought in debt upon the official bond of a notary public, against the surety on the bond, the principal not being made a party defendant. On the trial in the court below the plaintiff had judgment for the full penalty of the bond. Defendant brings error. The cause was tried before Judge Montgomery, of the Kent circuit, without a jury, and the court made the following findings of faot and conclusions of law:

“1. That one William Ashley was a duly-appointed notary public of Kent county, Mich., and the defendant, John Butler, signed his bond as surety, which bond was in the penal…