Preston v. Hood

Morrison, C. J., Sharpstein, J., and McKinstry, J., concurring.

We concur. By the express terms of the undertaking the defendants-in this action undertook to pay, on demand, any judgment which the attaching creditor might recover against the attachment debtor. In view of this we think the defendants cannot, as between themselves and the plaintiff, be considered in the light of mere sureties.

Petition for rehearing denied.