Braely v. Marks

The opinion of the court was delivered by

Gordon, J.

The appellants in this cause were *225sureties upon a re-delivery bond given by the defendant in an action brought by the respondent in the superior court of Spokane county for the recovery of specific personal property. In said action judgment was rendered in favor of the respondent on the 19th day of June, 1894. Thereafter, these appellants filed their motion in the lower court to vacate and set aside such judgment, and for leave to defend in the name of the defendant therein (their principal). On the 17th day of December, 1894, the said motion…