State v. Foxley

The state brought this action to recover on a bail bond on which it is alleged Foxley was the principal and the appellants sureties. Foxley was not served. The sureties filed a demurrer and answer. The demurrer was overruled. The case was tried to the court and a jury. At the conclusion of the evidence the court, on motion of the state, peremptorily directed a verdict in favor of the state and against the sureties for the full amount of the undertaking, $2,000 and costs. Judgment was entered accordingly, from which the sureties have prosecuted this appeal. The alleged errors are that the…