Indiana Court of Appeals May 17, 1898, No. 2,662 (Hubbs v. State ex rel. Kurtz)

Black, J.

This was an action upon the bond of a township trustee, on the relation of his successor in office.

Upon the appearance of the appellants they moved to dismiss the action, “for the reason,” as stated in the motion, “that, the same has been paid off in the sum of $3,500, and that the costs of this action shall be adjudged against the defendants.