Lydick v. Johns

Some additional facts should be set out. The bond in this case was executed by the principal and by the Insurance Company of North America, as surety, and was dated three days prior to the expiration of the appeal time. The bond carried on the lower lefthand corner of its face, the following words: “Approved by State Auditor this_day of_, 1969. _ State Auditor.”

On the final day for appeal, plaintiff’s attorney called the Department of Motor Vehicles, identified himself, and asked if the bond in this case had been received, accepted, and filed. After checking the file, the employee advised the…