Stephens v. State Ex Rel. Goldsberry

Opinion by

JONES, C.

This action was instituted in the district court of Tulsa county by the defendant in error, as plaintiff, against plaintiffs in error, as defendants, to recovep the sum of $5,000 on a certain supersedeas bond for that amount, executed by R. L. Stephens, as principal, and M. A. Harrison and J. H. Berry, as sureties. The principal, Stephens, had been convicted on a charge of larceny and the bond sued on is the ordinary supersedeas bond given on appeal to the Criminal Court of Appeals. Defendants, appellants here, set up a number of defenses, but the only one which we deem it…