Elliott v. Bellevue Gas & Oil Co.

The opinion of the court was delivered by

Mason, J.:

E. M. and M. U. Elliott obtained a judgment before a justice of the peace against the Bellevue Gas and Oil Company. In order to appeal therefrom the company filed with the justice an instrument in the usual form of an undertaking for that purpose, signed by itself. Two lines under its signature, manifestly intended to indicate the place where the sureties were to sign, were left blank. Indorsed upon the paper, however, was an affidavit signed by C. R. Walterhouse and J. N. Carr, and sworn to by them before the justice, reading, as follows:

“We,…