The facts stated, the assignment of errors, and the questions involved in this case are the same as were involved in the case of Nelson v. Stephens, ante, p. 136. The conclusion in that case was adverse to the defendants here. The case having been tried, and the evidence being before the court, the judgment is reversed, and the cause is remanded with directions to enter judgment for plaintiffs for the penalty of the bond, with costs.
-Cassodat, C. J., took no part.