Stone v. Hole

The question here before us is the right to recover of the surety on an appeal bond, notwithstanding the discharge in bankruptcy of the principal pending the appeal.

The parties appeared in reverse order in the trial court and are hereinafter so designated. Plaintiff recovered judgment in the county court against one Hopke. The latter appealed, and defendant became surety on his bond. Pending the appeal Hopke filed a voluntary petition in bankruptcy and listed the claim of plaintiff who was duly notified and made proof thereof. In that proceeding Hopke was regularly discharged. When the cause…