Delinski v. Dunn

Almand, Justice.

Error is assigned on the refusal of the trial judge to sustain the motion of the plaintiff in error to dismiss the petition for certiorari. We will discuss these grounds separately.(a) It is contended that the bond executed by the petitioner in- certiorari was insufficient, because it was not dated, it was not payable to the defendant in certiorari, and the petition did not allege that the bond was approved and filed.

The bond as executed by the petitioners in certiorari, after naming certain persons as principals, recites: “The condition of this obligation is such that…