Budd v. Durall
Supreme Court of Iowa
Appeal from, Monroe District Court. This action is brought upon a bond, of which the following is a copy: “ Know all men by these presents, that we, Durin Durall as principal, and Hardin Searcy as surety, are held and firmly bound unto D. E. Budd in the sum of $400, to the payment of which well and truly to he made and done, we bind ourselves by these presents.
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Appeal from, Monroe District Court. This action is brought upon a bond, of which the following is a copy: “ Know all men by these presents, that we, Durin Durall as principal, and Hardin Searcy as surety, are held and firmly bound unto D. E. Budd in the sum of $400, to the payment of which well and truly to he made and done, we bind ourselves by these presents. The condition of the above obligation is such that, whereas, the said D. E. Budd has sued out of the clerk’s office of the circuit court of Monroe county, Iowa, an attachment against the property of the said Durin Durall, and the…
1Opinion of the CourtMiller, J.
T. The first assigned error is in admitting in evidence the bond sued on. On the trial defendant’s counsel -objected to the admission of the bond in evidence; first, “ because it shows on its face that it is not a delivery bond as provided for by section 3219 of the Revision; ” second, “that it is not a bond to perform the judgment of the court as provided by section 3191 of the Revision; because it does not appear by the record that it ever was accepted or taken or approved by any court or judge.” These objections were ■overruled and the bond with the indorsements thereon .admitted.
*317That the…
2Cases cited1 opinion
- Watts v. WhiteSupreme Court of Iowa · 1861
3Cited by3 opinions
- New Haven Lumber Co. v. RaymondSupreme Court of Iowa · 1888
- Selz & Co. v. BeldenSupreme Court of Iowa · 1878
- Board of Trustees v. County Board of ReviewSupreme Court of Iowa · 1932