Smith v. Haner

Citations

• 8 Idaho 370
• 69 P. 109
• 1902 Ida. LEXIS 23

Syllabus

<p>When Surety on Stay Bond not Liable. — When, suit is instituted in probate court and prosecuted to judgment, an appeal to district court perfected and stay bond executed, the complaint so amended in the district court as to add a new cause of action and materially change the issues tried in the lower court, the sureties cannot be held, and it is a matter of defense to the action.</p> <p>Constitutional Law — Statute.—The act of February Id, 1899, providing “a form for undertakings in civil and criminal actions” is constitutional.</p> <p>(Syllabus by the court.)</p>