Davis v. O'Bryant

Robinson, J. —

Suit by appellees upon an' appeal bond. In the body of the bond appear the names of three obligors, and only two of them signed it. The complaint shows the bond was filed and duly approved and the appeal taken. A complaint against those who did sign it, although a third obligor is named in the bond, is good against a demurrer for want of facts. The fact that a part of the persons named executed it, and part did not, is not ground for demurrer for want of facts, but must be pleaded as a defense. There is nothing on the face of the bond to show it was a conditional delivery, but…