Tarjan v. National Surety Co.

delivered the opinion of the court.. Plaintiff brought suit on an appeal bond executed by the defendant as surety in an. appeal from a judgment of the municipal court to this court. There was a trial before the court without a jury and a finding and judgment in plaintiff’s favor of $1,365, and the defendant appeals.

The theory of the plaintiff was that the judgment entered by the municipal court in his favor, and in which the defendant executed the appeal bond, was affirmed in this court, that it had not been paid and therefore there was a breach of the condition of the bond. The defense was…