STEFFENS v. SMITH

No. 3819.

477 P.2d 119 (1970)

Fred W. STEFFENS and Francis Wambeke, Appellants (Defendants below), v. James W. SMITH and Alta B. Smith, Appellees (Plaintiffs below).

Supreme Court of Wyoming.

November 23, 1970.


Attorney(s) appearing for the Case

R.B. Bowman, Lovell, for appellants.

Melvin M. Fillerup, Fillerup & Butler, Cody, for appellees.

Before GRAY, C.J., and McINTYRE, PARKER, and McEWAN, JJ.


McEWAN, Justice.

The appellants were sureties on an undertaking in appeal to stay the judgment of a justice of the peace in a forcible entry and detainer action pending appeal to the district court. The district court affirmed the judgment of the justice of the peace and entered judgment against the principal and sureties for damages during pendency of appeal. A writ of execution issued and the appellants-sureties filed a motion to quash the execution, which motion...

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