Giles v. De Cow

Action on a statutory bond given on appeal to the district court from a judgment which appellee De Cow recovered against appellant Giles in the county court of Teller county. It is not clear .that the complaint on its face shows any breach of the conditions of the bond under the statute regulating appeals from the county to the district courts. But as the trial court in overruling the affirmative defense of the answer committed reversible error, we shall not inquire as to the sufficiency of the complaint.

*136As alleged in defendant’s affirmative defense, before this action- on tbe bond was…