Mueller v. Kelly

Thomson, J.,

delivered thé opinion of the court.

The complaint sets forth that on the 23d day of June, 1892, the plaintiff, Heinrich Mueller, recovered judgment in the district court of Pueblo county against Carl Roth & Co. for 1823.71; that Roth & Co. prayed an appeal from the judgment to this court, and for the purpose of perfecting their appeal executed and filed an appeal bond in the penal sum of $1,648, with the defendant Thomas Kelly, as surety, conditioned for the due prosecution of the appeal, and for *528the payment of the judgment, costs, interest and. damages, rendered and to be rendered…