Reed v. Higgins

Bicknell, C. C.

This was a suit by the appellants, on an appeal bond given on an appeal from a justice of the peace to the court of common pleas of Shelby county.

The suit was brought against the surety alone, the principal having died without any property. After appearing to the action the surety died, and his administrator became the *144defendant. The alleged breach of the bond is, that, in said court of common pleas, a judgment was rendered on the appeal, against the appellant in that court and in favor of the appellants here, which judgment remains unpaid.

The appellee answered in four…