86 Iowa 246 | Iowa | 1892
The plaintiffs allege that on December' 6, 1888, they recovered a judgment in the superior court of Council Bluffs against Peter C. Miller for three hundred and forty-six dollars and costs; that the defendant, Miller, appealed to the supreme court, where said judgment was affirmed at said Miller’s costs; that the defendants in this action were sureties
III. The appellant insists that the judgment is against the evidence, and wholly unsupported by it. The evidence in this case, which was in fact introduced, was ample to have justified a finding for the plaintiffs. The evidence before the court without conflict, shows the supersedeas bond was drawn, executed, filed, and approved. The penalty of the bond was shown. The fact that it was a supersedeas bond appears. The appearance, fee, and judgment docket of the court show the filing of a supersedeas bond, its penalty, names of sureties, and date of filing. The testimony sufficiently shows that the terms and conditions of the bond were such as are required to be in a supersedeas bond; especially is this true where there it an entire absence of evidence to the contrary.
V. Other questions are raised which, in our judgment, do not warrant extended consideration. 'We have examined them all, and, while mindful of the settled rule that the finding of the court below should not be disturbed if the evidence is conflicting, we are clear that this is not a case where any conflict exists. There is no evidence which militates against the appellants’ right to a judgment. The rulings of the superior court,