Turbett v. Marty

The opinion of the court was delivered by

Harvey, J.:

This is an action upon an abstracter’s bond, There was a judgment for plaintiffs. The sureties have appealed. There is no controversy over the facts, which are substantially as follows:

Howard Marty, an abstracter in Wallace county, filed his abstracter’s bond October 4, 1915, and the same was approved by the board of county commissioners. The bond was in the penal sum of $5,000 and was conditioned as required by the statute (R. S. 67-243), to which it referred. It did not specifically name the term for which it was to be in force. It was…