39 Iowa 570 | Iowa | 1874
A suit was pending in the Yan Burén District Court, wherein Coffindaffer was plaintiff and Wallingford was defendant. During its pendency Coffindaffer removed to Wisconsin, and was thereafter required to give security for costs. He procured this plaintiff, Joseph Given, to become his surety, and the bond for costs was executed August 22, 1870. The indemnifying bond sued on was executed August
No question is made in tliis case as to the amount of the judgment, if plaintiff is entitled to any.
If there had been pleading and evidence to support the charge of fraudulent combination between this plaintiff and Wallingford to cheat and defraud Coffindaffer or this defendant out of. the costs, and out of the right of appeal, such would doubtless havé defeated the plaintiff’s action. But the court did not so find.
- This case is before us to determine as upon errors at law. The defendant made no motion looking to the bringing in of other parties. That question cannot, therefore, be made in this court, not having been made below.
Affirmed.