Kolb v. Binger

In the appeal in Kolb v. Binger (No. 5311) 49 S. D. 65, 206 N. W. 421, in which the opinion was handed down on December 9, 1925, the United States Fidelity & Guaranty Company became surety on the supersedeas undertaking given by appellants Binger. Some weeks afterwards the surety sought to be released upon the claim' that its signature to the undertaking had been obtained by misrepresentation. The trial court granted relief from liability accruing after the date of the hearing of such motion. Plaintiffs Kolb appeal.

Inasmuch as the judgment in the main case has been vacated and the cause has…