Smith v. Modern Bakery

This suit was begun before a magistrate in the name of Modern Bakery against Donald Smith to recover damages for injuries inflicted upon a truck belonging to Modern Bakery by an automobile belonging to Smith. Smith’s automobile was attached and a delivery bond was executed by Smith and- certain sureties. On the trial before the magistrate there was a judgment for Modern Bakery and Smith appealed, certain other sureties joining in the appeal bond.

Up to the trial in the circuit court all proceedings Were had with plaintiff below styled merely as Modern Bakery.

During the trial in the circuit…