International-Great Northern R. v. Smith

On Motion for Rehearing.

The employés of the railway company, E. D. Worley and Charles M. Willard, have brought to this court a certificate that the names of the sureties on their appeal bond, one of whom is counsel for the receiver arid railway company, had been omitted through error in not copying the names of the sureties in making up the transcript for the appeal to this court.

Under the provisions of article 2097, Revised Statutes, a cost bond on appeal must have “two or more good and sufficient sureties,” and the only exception to that requirement is where a surety company makes the bond.…