
    No. 955
    ROATH v. WOOD MOTOR CO.
    No. 20031.
    Supreme Court
    On motion to certify.
    Dock. July 31, 1926;
    4 Abs. 525.
    167. BONDS (Surety) — Is surety liable on his appeal bond when appeal is not taken in time and no judgment is rendered against appellant?
    Attorneys — R. G. Thomas and J. D. Hotchkiss for Roath; L. J. Myers and A. J. Russell for Company; all of Akron.
   Roath contends in the Supreme Court that a surety is. not liable on appeal bond when it is conditioned that appellant would prosecute appeal and if judgment rendered against him on appeal he would satisfy same, when appeal was dismissed and hence no judgment ever rendered on appeal.  