60 Ind. App. 265 | Ind. Ct. App. | 1915
On February 1, 1904, appellee commenced an action in the Greene Circuit Court, against appellants, Charles F. and Winfield Jones, to recover an indebtedness alleged to be due appellee from said appellants, and after the commencement of the action upon application of appellee a writ of attachment issued against the property of appellants, Jones and Jones, consisting of a printing press and other chattel property. On February 13, 1904, appellants, Jones and Jones, as principals, and appellants, Terrence Carroll and John A. Riddle, as sureties, executed a delivery bond upon the approval of which the property attached was turned over to appellants, Jones and Jones. Upon a trial of the cause, judgment was rendered against said appellants in the sum of $743.59 and costs, together with
A review of the judgment is sought by appellants, Terrence Carroll and John A. Riddle. The names of appellants, Jones and Jones, appear in the caption of the assignment of errors, but no error is assigned by them. The errors assigned by appellants, Terrence Carroll and John A. Riddle-, are, (1) overruling of the separate demurrer to the complaint, (2) sustaining the demurrer of appellee to the second paragraph of the joint and separate amended answer of said appellants, (3) overruling the motion for a new trial.
The state of the record is such that it precludes an examination of the cause upon its merits. Judgment affirmed. '
Note. — Reported in 110 N. E. 561. See, also, under (1) 31 Cyc 465; (2) 31 Cyc 466; (4) 3 Cyc 175.