Montgomery Ward & Co. v. Ellis

The opinion of the court was delivered by

Smith, J.:

This action was started in the court of Topeka, and resulted in a judgment for the defendant. The plaintiff appealed to the district court of Shawnee county and filed an appeal bond. This bond provided, in part:

“Now, therefore, we, Montgomery Ward and Company, as principal, and Trinity Universal Insurance Company, as surety, hereby undertake to the *321above-named Frank Ellis, that the said Montgomery Ward and Company will pay the costs in the above case as set forth in the judgment, in case the said judgment shall be affirmed, in whole or in…