Hudson v. Smith Bros.
Supreme Court of Iowa
Appeal from Keohulc Superior Court. — Hon. Rige H. Bell,. Judge. On January 8, 1898, judgment was entered in the justice court of William Wilson, Esq., against Smith Bros., George W. and B. E. Smith, for the sum of $99 and costs. Three days later they filed an appeal bond in an adequate amount signed by “Smith Bros., Principal ; John E. Craig, Surety; G. W. Smith, Surety,” — which was approved.
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Appeal from Keohulc Superior Court. — Hon. Rige H. Bell,. Judge. On January 8, 1898, judgment was entered in the justice court of William Wilson, Esq., against Smith Bros., George W. and B. E. Smith, for the sum of $99 and costs. Three days later they filed an appeal bond in an adequate amount signed by “Smith Bros., Principal ; John E. Craig, Surety; G. W. Smith, Surety,” — which was approved. Transcript was duly filed in the superior court of Keokuk, where the plaintiff moved that the appeal be dismissed, and the papers be stricken from the files, for that no sufficient ap-peal bond had…
1Opinion of the CourtLadd, J.
1 2 In so far as Craig’s signature as surety is concerned, Bank v. Garretson, 104 Iowa, 655, is decisive. He was an attorney in active practice, and the justice was not authorized to accept him as surety. The other alleged surety was one of the judgment defendants. His signature added nothing to the strength of the bond. See Clark v. Riddle, 101 Iowa, 270. The statute contemplates security additional to what the party had by the judgment below. A person cannot be surety for himself. George W. Smith is not mentioned in the bond, and the mere writing of the word “surety” after his signature did…
2Cases cited9 opinions
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- Conner v. LongSupreme Court of Iowa · 1884
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3Cited by8 opinions
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