Show Bsitterfleld vs Cold Storage CoB I Co-B L Butterfield vs the Mountain Ice and Cold Storage company B K I Block and John Hell jr appellants from the Third district court Judge Merritt presiding Judge Judd made the argument for < the appellants and Attorney Frank B Stephens and Ben ner X Smith for the respondents On May 7 1392 plaintiff brought suit against the defendant company in Justice Jus-tice Gees count Fifth precinct and judgment was entered in his favor for I 275 and 1850 costs Four days later the defendants filed an undertaking on appeal upon which the defendants Koch and Hell betaine sureties The poirit on which the case now turns is a narrow one and arises upon the pleadings Bloch Cwh < c > is the actual appillant though not so shown in the V caption of tha appeal alleges that he signed the appeal bond with the express ex-press understanding that it was to be used unti and unless the principal should sign it but that it was used indirect in-direct contravention of this agreement The only point now involved is whether or not as a matter of law the answer constitutes a defense The answer then made was stricken oult by the district court as a sham and frivolous and judgment given upon the i peadings and hence the appeal I |