Locher v. Livingston

Locher, or his assignor Wernimont, obtained judgment against Livingston in justice court. Livingston appealed to the district court and Putnam, appellant herein, became surety on his bond. On trial in the district court Locher again prevailed. The court, under date of June 6, 1912, in disposing of the case, made an entry or minute upon its calendar as follows: “Judgment against defendant on one note and costs. Clerk assess, including statutory attorneys fee,” no mention being made on said calendar of the appeal bond or surety. The clerk entered judgment in the ease, naming Livingston alone as…