Supreme Court of Iowa June 4, 1890 (Phelan v. Johnson)

Beck, J.

— I. The petition alleges that plaintiff recovered a judgment in the supreme court against Michael Phelan, as principal, and Daniel Phelan, as surety, on a supersedeas bond, upon which an execution was issued to the sheriff of Jasper county for the *728collection of the judgment, and that, upon the petition of Daniel Phelan, filed in the office of the clerk of the district court of