State ex rel. Croy v. Gregory

— This case is here for the third time. State, ex rel., v. Gregory, 88 Ind. 110; State, ex rel., v. Gregory, 119 Ind. 503.

It is a suit upon an administrator’s bond to which, among other pleas; the appellees interposed a plea of non est factum.

Upon the issue formed by the plea of non est factum the circuit court, at the request of the appellees, instructed the jury as follows :

3. “If a paper intended to become a bond shows upon its face that several are to execute it, and the clerk understands and knows from the persons who are to sign it or who are signing it, that it is not to become a bond…