State ex rel. Lowry v. Bodly

— This was an action of debt, commenced before a justice of the peace, in the name of the state for the use of John Lowry, against Bodly and Orr, on a bond alleged to be executed by them and one Payne, since deceased, conditioned for the faithful discharge of the duties of a justice of the peace by Payne. On appeal to the Circuit Court,- the defendants pleaded: 1st, That the bond was obtained from them by fraud, in this, viz,, that they were induced to execute the same by the false and fraudulent representation of Payne, the principal, that one Brier would also execute it as a co-obligor; but…